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
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 either by checking the appropriate box
on the civil cover sheet or by stating on the pleading that alleges the unconstitutionality,
immediately following the title of that pleading, “Claim of Unconstitutionality” or the equivalent.
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 or statutes.
V. DISCOVERY
