(a) In any action, suit, or proceeding in which the United States or an agency, officer, or
employee thereof is not a party and in which the constitutionality of an Act of Congress
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 is drawn into question, the party raising the constitutional issue
shall notify the Court of the existence of the question by checking the appropriate box
on the Civil Cover Sheet and by stating on the pleading that alleges the
unconstitutionality, immediately following the title of that pleading, “Claim of
Unconstitutionality” or the equivalent.
(b) 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 applicable statutes.
