Rule 5.1. Challenge to Validity or Constitutionality of a District of Columbia Statute, Order, Regulation, or Enactment—Constitutional Challenge to a Federal or State Statute—Notice, Certification, and Intervention

(a) NOTICE BY A PARTY. A party that files a pleading, written motion, or other paper

drawing into question the constitutionality of a federal or state statute, or the

constitutionality or validity under the District of Columbia Self-Government and

Government Reorganization Act of 1973, of a District of Columbia statute, order,

regulation, or enactment of any type, must promptly:

(1) file a notice of constitutional question or notice of question of validity stating the

question and identifying the paper that raises it, if:

(A) a federal statute is questioned and the parties do not include the United States,

one of its agencies, or one of its officers or employees in an official capacity;

(B) a District of Columbia statute, order, regulation, or enactment of any type is

questioned and the parties do not include the District of Columbia, one of its agencies,

or one of its officers or employees in an official capacity; or

(C) a state statute is questioned and the parties do not include the state, one of its

agencies, or one of its officers or employees in an official capacity; and

(2) serve the notice and paper on the Attorney General of the United States if a

federal statute is questioned—or on the Attorney General of the District of Columbia if a

District of Columbia statute, order, regulation, or other enactment is questioned—or on

the state attorney general if a state statute is questioned—either by certified or

registered mail or by sending it to an electronic address designated by the attorney

general for this purpose.

(b) CERTIFICATION BY THE COURT. Where a notice is required under Rule 5.1(a),

the court must certify to the appropriate attorney general that a federal or state statute—

or a District of Columbia statute, order, regulation, or other enactment—has been

questioned.

her by certified or

registered mail or by sending it to an electronic address designated by the attorney

general for this purpose.

(b) CERTIFICATION BY THE COURT. Where a notice is required under Rule 5.1(a),

the court must certify to the appropriate attorney general that a federal or state statute—

or a District of Columbia statute, order, regulation, or other enactment—has been

questioned.

(c) INTERVENTION; FINAL DECISION ON THE MERITS. Unless the court sets a later

time, the appropriate 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 challenge, but may not enter a final judgment

holding the statute, regulation, order, or other enactment unconstitutional or otherwise

invalid.

(d) NO FORFEITURE. A party’s failure to file and serve the notice, or the court’s failure

to certify, does not forfeit a claim or defense that is otherwise timely asserted.

COMMENT TO 2018 AMENDMENTS

This rule is new. Consistent with the approach taken by the civil rules, the rule

moves requirements to Rule 5.1 from Rule 24(d), which addresses the criteria and

procedures for intervention.