(a) Act of Congress. In any action, suit, or proceeding in which the United States or
any agency, officer, or employee thereof is not a party and in which the
constitutionality of an Act of Congress affecting the public interest is challenged, the
party raising the constitutional issue shall notify the Court of the existence of the
question either by checking the appropriate box on the Civil Cover Sheet or by
stating on the pleading, document or other papers that allege the unconstitutionality,
in the caption under the case number, "Claim of Unconstitutionality" or the
equivalent so that the Clerk can comply with the requirements of 28 U.S.C. § 2403
and Fed. R. Civ. P. 5.1.
(b) State Statute. In any action, suit, or proceeding in which a State or any agency,
officer, or employee thereof is not a party and in which the constitutionality of any
statute of that state affecting the public interest is challenged, the party raising the
constitutional issue shall notify the Court of the existence of the question either by
checking the appropriate box on the Civil Cover Sheet or by stating on the pleading,
document or other papers that allege the unconstitutionality, in the caption under
the case number, "Claim of Unconstitutionality" or the equivalent so that the Clerk
can comply with the requirements of 28 U.S.C. § 2403 and Fed. R. Civ. P. 5.1.
(c) No Waiver. Failure to comply with this rule is not grounds for waiving the
constitutional issue or for waiving any other rights the party may have. Any notice
provided under this rule, or lack of notice, will not serve as a substitute for, or as a
waiver of, any pleading requirements set forth in the federal rules or statutes.
