(a) Notice by a Party. A party that files a pleading, written motion, or other paper challenging the constitutionality
of a state statute must promptly file a notice of constitutional question stating
the question and identifying the paper that raises it, and serve the notice and paper
on the state attorney general either by certified or registered mail or by sending
it to an electronic address designated by the attorney general for this purpose.
(b) Intervention; Final Decision on the Merits. Unless the court sets a later time, the attorney general may intervene within 60 days after the notice is filed or after the court certifies the challenge, whichever
is earlier. Before the time to intervene expires, the court may reject the constitutional challenge,
but may not enter a final judgment holding the statute unconstitutional.
(c) No Forfeiture. A party's failure to file and serve the notice, or the court's failure to certify,
does not forfeit a constitutional claim or defense that is otherwise timely asserted.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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