Fla. R. App. P. 9.425

As amended through March 26, 2024

Rule 9.425 - CONSTITUTIONAL CHALLENGE TO STATE STATUTE OR STATE CONSTITUTIONAL PROVISION

In cases not involving criminal or collateral criminal proceedings, a party that files a petition, brief, written motion, or other document drawing into question the constitutionality of a state statute or state constitutional provision, at the time the document is filed in the case, shall:

(a) file a notice of constitutional question stating the question and identifying the document that raises it; and

(b) serve the notice and a copy of the petition, brief, written motion, or other document, in compliance with rule 9.420, on the attorney general.

Service of the petition, brief, written motion, or other document does not require joinder of the attorney general as a party to the action. Notice under this rule is not required if the attorney general is a party, or counsel to a party, to a proceeding under these rules.

FL. R. App. P. 9.425

Amended by 305 So.3d 262, effective 1/1/2021.

Committee Notes

2020 Adoption. The rule applies in cases not involving criminal or collateral criminal proceedings and provides procedural guidance on notifying the Florida Attorney General of constitutional challenges to state statutes or provisions of the state constitution as the Florida Attorney General has the discretion to participate and be heard on matters affecting the constitutionality of a state law. This rule is similar to Florida Rule of Civil Procedure 1.071. See form 9.900(m).