Rule 5.1.Service of Constitutional Challenge on Attorney General
Current through August 1, 2026 · Last verified September 28, 2026
Full Text of Rule 5.1
Amendment History
This rule’s current text took effect January 1, 2023. It appears on the court’s official rule page but not in its compiled Rules of Trial Procedure booklet; the text above is taken from that page. For the full history of earlier amendments and adoption orders, see the Indiana Office of Court Services.
Plain-English Summary
Rule 5.1 makes sure the Attorney General hears about a constitutional attack on a statute or ordinance even when the state is not in the case. It applies when a party challenges the constitutionality of a statute or an ordinance in a case where neither the state nor any state agency, officer, or employee is a party. In that situation, the challenging party must file a notice of the constitutional challenge with the court and serve it on the Attorney General.
The court has its own job. Section (B) requires the court to certify notice of the challenge, as the Indiana Code section the rule names, IC 34-33.1-1-1(a), requires. The party’s notice does not replace the court’s certification; the rule requires both.
Section (C) gives the Attorney General a way in. Within thirty days after the notice is filed, the Attorney General may file a request to intervene, following the ordinary intervention procedure in Trial Rule 24. The rule sets no deadline for the party’s notice itself, but the Attorney General’s thirty days run from the day it is filed.
Frequently Asked Questions
When do I have to notify the Attorney General that I am challenging a law?
When you challenge the constitutionality of a statute or ordinance in a case where neither the state nor any state agency, officer, or employee is a party. If the state is already in the case, Rule 5.1’s notice requirement does not apply.
What exactly do I have to do under Rule 5.1?
File a notice of the constitutional challenge with the court and serve that notice on the Attorney General. The rule asks for both steps, not one or the other.
Does Rule 5.1 cover challenges to a city or county ordinance?
Yes. The rule reaches a challenge to the constitutionality of “a statute or ordinance,” so a local ordinance counts.
What does the court do once I file the notice?
The court must certify notice of the constitutional challenge, as IC 34-33.1-1-1(a) requires. That duty belongs to the court and is separate from the notice you file and serve.
Can the Attorney General join my case?
The Attorney General may file a request to intervene within thirty (30) days after the notice is filed. The request follows the intervention procedure in Trial Rule 24.
Is there a deadline for filing my Rule 5.1 notice?
The rule does not set one. It does tie the Attorney General’s thirty-day window to the filing of your notice, so the clock on intervention starts only when the notice is on file.