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Rule 25A. Challenging theconstitutionality of a statute, ordinance, rule, or other administrative orlegislative enactment.

(a) Notice to the Attorney General or other governmental entity; penaltyfor failure to give notice.

(1) When a party challenges the constitutionality of astatute in an appeal or petition for review in which the Attorney General hasnot appeared, every party must serve its principal brief and any subsequentbrief on the Attorney General on or before the date the brief is filed.

(2) When a party challenges the constitutionality of agovernmental entity?s ordinance, rule, or other administrative or legislativeenactment in an appeal or petition for review in which the responsible governmentalentity has not appeared, every party must serve its principal brief and anysubsequent brief on the governmental entity on or before the date the brief isfiled, and file proof of service with the court.

(3) If an appellee or cross-appellant is the firstparty to challenge the constitutionality of a statute, ordinance, rule, orother administrative or legislative enactment, the appellant must serve itsprincipal brief on the Attorney General or other governmental entity no morethan 7 days after receiving the appellee?s or the cross-appellant?s brief andmust serve its reply brief on or before the date it is filed.

(4) When service on the Attorney General is necessaryunder these rules, every party must serve its brief on the Attorney General byemail or, if circumstances prevent service by email, by mailat the addresses below, and file proof of service with the court.

Email: notices@agutah.gov

Mail:

Office of the Utah Attorney General

Attn: Utah Solicitor General

350 North State Street, Suite 230

P.O. Box 142320

Salt Lake City, Utah 84114-2320

(5) If a party does not serve a brief as required bythis rule and supplemental briefing is ordered as a result of that failure, acourt may order that party to pay the costs, expenses, and attorney fees of anyother party resulting from that failure.

(b) Notice by the Attorney General or other governmental entity; amicusbrief.

(1)? When a partyraises a constitutional challenge in an appeal in which the Attorney General orresponsible governmental entity has not appeared, the Attorney General or othergovernmental entity must inform the appellate court whether it will file anamicus brief.? When the appellant?s principal brief raises the constitutionalchallenge, the Attorney General or other governmental entity must file itsnotice within 14 days after service of the appellee?s principal brief.? When the appellee?s or cross-appellant?sprincipal brief raises the constitutional challenge, the Attorney General orother governmental entity must file its notice within 14 days after service ofthe appellant?s or cross-appellant?s reply brief.? The Attorney General or other governmental entitymay seek up to an additional 7 days? extension of time to file its notice.

(2) If the Attorney General or other governmental entitydeclines to file an amicus brief, the briefing schedule is not affected.

(3) If the Attorney General or other governmental entityintends to file an amicus brief, that brief is due 30 days after the notice ofintent is filed. The Attorney General or other governmental entity may move toextend that time as provided under Rule 22. The filing of a notice of intent tofile an amicus brief vacates the briefing schedule established under Rule 13? and the next brief of a party, if the rulesallow for a next brief, is due 30 days after the amicus brief is served. If the rules do not allow the party that raised the constitutionalchallenge to file an additional brief without leave of the court after thatparty receives the amicus brief, that party may move for permission to file asupplemental brief.? If leave is granted,the court will state the length of, and due date for, the supplemental brief.The supplemental brief must be limited to responding to the arguments raised inthe amicus brief and comply with all other requirements of rule 24(b). On itsown motion, the court may order additional supplemental briefing.

(c) Call for the views of the Attorney General or other governmental entity.Any time a party challenges the constitutionality of a statute, ordinance, rule,or other administrative or legislative enactment, the appellate court may callfor the views of the Attorney General or other governmental entity and set aschedule for filing an amicus brief and supplemental briefs by the parties, ifany.

(d) Participation in oral argument. If the Attorney General or othergovernmental entity files an amicus brief, the Attorney General or othergovernmental entity will be permitted to participate at oral argument by timelydeclaring an intent to participate on the court?s oralargument acknowledgment form.

Effective May 1, 2021