2013 US Code
Title 28 - Judiciary and Judicial Procedure
Appendix (rules 1 - 1103)
FEDERAL RULES OF APPELLATE PROCEDURE (rules 1 - 6)
TITLE VII. GENERAL PROVISIONS (rules 25 - 48)
Rule 44 - Case Involving a Constitutional Question When the United States or the Relevant State is Not a Party
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 28 - JUDICIARY AND JUDICIAL PROCEDURE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 28 - JUDICIARY AND JUDICIAL PROCEDURE TITLE 28 - APPENDIX FEDERAL RULES OF APPELLATE PROCEDURE TITLE VII. GENERAL PROVISIONS Rule 44 - Case Involving a Constitutional Question When the United States or the Relevant State is Not a Party |
Contains | rule 44 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | Yes |
Disposition | standard |
Source Credit | As amended Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 29, 2002, eff. Dec. 1, 2002. |
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(a)
(b)
(As amended Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 29, 2002, eff. Dec. 1, 2002.)
NOTES OF ADVISORY COMMITTEE ON RULES—1967This rule is now found in the rules of a majority of the circuits. It is in response to the Act of August 24, 1937 (28 U.S.C. §2403), which requires all courts of the United States to advise the Attorney General of the existence of an action or proceeding of the kind described in the rule.
COMMITTEE NOTES ON RULES—1998 AMENDMENTThe language of the rule is amended to make the rule more easily understood. In addition to changes made to improve the understanding, the Advisory Committee has changed language to make style and terminology consistent throughout the appellate rules. These changes are intended to be stylistic only.
COMMITTEE NOTES ON RULES—2002 AMENDMENTRule 44 requires that a party who "questions the constitutionality of an Act of Congress" in a proceeding in which the United States is not a party must provide written notice of that challenge to the clerk. Rule 44 is designed to implement 28 U.S.C. §2403(a), which states that: "In any action, suit or proceeding in a court of the United States to which the United States or any agency, officer or employee thereof is not a party, wherein the constitutionality of any Act of Congress affecting the public interest is drawn in question, the court shall certify such fact to the Attorney General, and shall permit the United States to intervene . . . for argument on the question of constitutionality."
The subsequent section of the statute—§2403(b)—contains virtually identical language imposing upon the courts the duty to notify the attorney general of a state of a constitutional challenge to any statute of that state. But §2403(b), unlike §2403(a), was not implemented in Rule 44.
Rule 44 has been amended to correct this omission. The text of former Rule 44 regarding constitutional challenges to federal statutes now appears as Rule 44(a), while new language regarding constitutional challenges to state statutes now appears as Rule 44(b).
Changes Made After Publication and Comments. No changes were made to the text of the proposed amendment or to the Committee Note.
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