(a) 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 drawn into question, or 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
drawn into question, the party raising the constitutional issue shall notify the Court of the
existence of the question by stating on the pleading that alleges the unconstitutionality,
immediately following the title of that pleading, "Claim of Unconstitutionality" or the
equivalent.
(b) Failure to comply with this Rule will not be 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 requirement set forth in the Federal Rules of Civil Procedure or
in statutes.
Last revised 4/7/97. See Historical Notes for full revision history.
