A party that files a pleading, written motion, or other document drawing into question the constitutionality of a federal or state statute must promptly:
Rule 5A.Notice of Constitutional Challenge to a Statute
Last amended July 1, 2015 · Last verified July 1, 2026
In one sentenceRule 5A requires a party who challenges the constitutionality of a federal or state statute in a pleading or motion to notify the appropriate Attorney General by mail, so the government has a chance to step into the case and defend the law.
Full Text of Rule 5A
1 file a notice of constitutional question stating the question and identifying the document that raises it, if:
A a federal statute is questioned and neither the United States nor any of its agencies, officers, or employees is a party in an official capacity, or
B a state statute is questioned and neither the state nor any of its agencies, officers, or employees is a party in an official capacity; and
2 serve the notice and document on the Attorney General of the United States if a federal statute is challenged, or on the Minnesota Attorney General if a state statute is challenged, by United States Mail to afford the Attorney General an opportunity to intervene.
Advisory Committee Comments
Amendment History
- (Amended effective July 1, 2015.)
Plain-English Summary
Adopted in 2007 to replace a mechanism formerly found in Rule 24.04, Rule 5A applies when a document filed in a case draws a federal or state statute’s constitutionality into question and neither the government nor one of its agencies, officers, or employees is already a party in an official capacity. In that situation, the party raising the challenge must promptly file a notice of constitutional question identifying the document that raises it.
The party must also serve that notice, along with the document itself, on the Attorney General of the United States if a federal statute is challenged, or the Minnesota Attorney General if a state statute is challenged. Minnesota allows this notice to go out by ordinary U.S. Mail, a deliberately simpler standard than the certified or registered mail the comparable federal rule requires.
The rule does not obligate the Attorney General to do anything in response. Its purpose is only to give the government the opportunity to intervene, which in many cases does not happen until the litigation reaches an appellate court.
Frequently Asked Questions
Do I have to notify the Attorney General any time I mention the Constitution?
No. Rule 5A only applies when a filing draws into question the constitutionality of a specific federal or state statute, not general constitutional arguments.
Is the government required to respond once it gets notice under Rule 5A?
No. The notice only gives the Attorney General the chance to intervene in the case; intervention is optional, and government offices often wait until an appeal to weigh in.
How is the notice delivered?
By United States Mail. That is a departure from the certified or registered mail required under the comparable federal rule.
Source & verification. The rule text and Advisory Committee Comments are reproduced verbatim from the
official Minnesota Rules of Civil Procedure (Minn. R. Civ. P. 5A). Prescribed by the Supreme Court of Minnesota (Minn. Stat. § 480.051). The plain-English summary is original and written by us. Last verified July 1, 2026. ·
Official source
Also known as: constitutional challenge to a statutenotice to the attorney generalchallenging a statute
Advisory Committee Comment—2007 Amendment
Rule 5A is a new rule, though it addresses subject matter covered by Minn. R. Civ. P. 24.04 prior to the adoption of this rule. The rule imposes an express requirement for notice to the appropriate Attorney General—the Minnesota Attorney General for challenges to Minnesota statutes and the Attorney General of the United States for challenges to federal statutes. The rule requires the giving of notice, and the purpose of the notice is to permit the Attorney General receiving it to decide whether to intervene in the action. The rule does not require any action by the Attorney General and in many instances intervention will not be sought until the litigation reaches the appellate courts. The federal rule requires service on the appropriate attorney general by certified or registered mail. The committee believes that service of this notice by U.S. Mail is sufficient for this purpose. As part of this change, Minn. R. Civ. P. 24.04 is abrogated as it duplicates this rule’s mechanism.