Rule 235.Notice to Attorney General. Constitutionality of Statute. Charitable Bequest or Trust.

Adopted November 30, 1964 · Last amended August 3, 1998 · Last verified June 30, 2026

In one sentenceRule 235 requires notice to the Attorney General in any proceeding under these rules in which an Act of Assembly is alleged to be unconstitutional or a charitable bequest or trust is involved and the Commonwealth is not already a party.

Full Text of Rule 235

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In any proceeding in a court subject to these rules in which an Act of Assembly is alleged to be unconstitutional or a charitable bequest or trust is involved and the Commonwealth is not a party, the party raising the question of constitu-tionality or the plaintiff in a proceeding involving a charitable bequest or trust shall promptly give notice thereof by registered mail to the Attorney General of Pennsylvania together with a copy of the pleading or other portion of the record raising the issue and shall file proof of the giving of the notice. The Attorney General may intervene as a party or may be heard without the necessity of intervention. The court in its discretion may stay the proceedings pending the giving of the notice and a reasonable opportunity to the Attorney General to respond thereto. If the circumstances of the case require the court may proceed without prior notice in which event notice shall be given as soon as possible; or the court may proceed without waiting action by the Attorney General in response to a notice.

End

Plain-English Summary

This rule brings the Attorney General into cases that affect the public interest. When a proceeding subject to these rules challenges an Act of Assembly as unconstitutional, or involves a charitable bequest or trust, and the Commonwealth is not a party, notice must be given to the Attorney General.

The point is to let the Commonwealth defend its statutes and protect charitable interests by appearing if it chooses.

Frequently Asked Questions

When must you notify the Attorney General of a case?

When a proceeding challenges an Act of Assembly as unconstitutional, or involves a charitable bequest or trust, and the Commonwealth is not already a party.

Official Note

Official Note: By Definition Rule 76, registered mail includes certified mail.

Amendment History

The provisions of this Rule 235 adopted November 30, 1964, effective June 1, 1965; amended March 11, 1991, effective July 1, 1991, 21 Pa.B. 1274; amended August 3, 1998, effective January 1, 1999, 28 Pa.B. 3929. Immediately preceding text appears at serial page (200258).

Source & verification. Rule text, the Official Note, and the amendment history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation of rules adopted by the Supreme Court of Pennsylvania. Last verified June 30, 2026. · Official text

Also known as: notice to attorney generalconstitutional challengecharitable trust notice