12-1841

12-1841. Parties; notice of claim of
unconstitutionality

A. When declaratory relief is sought, all persons shall be made parties who have or
claim any interest which would be affected by the declaration, and no declaration shall
prejudice the rights of persons not parties to the proceeding. In any proceeding that
involves the validity of a municipal ordinance or franchise, such municipality shall be
made a party and shall be entitled to be heard. In any proceeding in which a state
statute, ordinance, franchise or rule is alleged to be unconstitutional, the attorney
general and the speaker of the house of representatives and the president of the senate
shall be served with a copy of the pleading, motion or document containing the allegation
at the same time the other parties in the action are served and shall be entitled to be
heard.

B. If a pleading, motion or document containing the allegation is served on the
attorney general and the speaker of the house of representatives and the president of the
senate pursuant to subsection A, a notice of claim of unconstitutionality shall be
attached to the pleading, motion or document as the cover page and shall state the
following information:

1. The name, address and telephone number of the attorney for the party alleging
that a state law is unconstitutional or the name, address and telephone number of the
party if the party is not represented by an attorney.

2. The case name, court name, caption and case number of the proceeding.

3. A brief statement of the basis for the claim of unconstitutionality.

4. A brief description of the proceeding, with copies of any court orders in the
proceeding if the claim of unconstitutionality is asserted in a pleading, motion or
document other than the pleading, motion or document that initiated the proceeding.

5. The date, time, location, judge and subject of the next hearing in the
proceeding, if any.

C. If the attorney general or the speaker of the house of representatives and the
president of the senate are not served in a timely manner with notice pursuant to
subsection A, on motion by the attorney general, the speaker of the house of
representatives or the president of the senate the court shall vacate any finding of
unconstitutionality and shall give the attorney general, the speaker of the house of
representatives or the president of the senate a reasonable opportunity to prepare and be
heard.

D. This section shall not be construed to compel the attorney general, the speaker
of the house of representatives or the president of the senate to intervene as a party in
any proceeding or to permit them to be named as defendants in a proceeding. The attorney
general, the speaker of the house of representatives or the president of the senate, in
the party's discretion, may intervene as a party, may file briefs in the matter or may
choose not to participate in a proceeding that is subject to the notice requirements of
this section.