Rules Governing Constitutional Challenges – Comment Period Closed April 12, 2020

The following amendments to Civil Rule 24, Criminal Rule 12, and Appellate Rule 25A are intended to better coordinate the provisions addressing constitutional challenges. The amendments do the following:

  • Address service on the Attorney General and other governmental entities;
  • Broaden the kinds of challenges that may arise;
  • Clarify that it is the governmental entity that responds, not the county or municipal attorney (which can be a contracted position in certain jurisdictions);
  • Eliminate outdated language in Civil Rule 24 in favor of the updated federal language;
  • Clarify in each rule the process and timing for the Attorney General or other governmental entity to respond to a constitutional challenge; and
  • Eliminate the requirement in Appellate Rule 25A that the Attorney General state the reasons for declining to file an amicus brief.


URCP024 – Redline and URCP024 – Clean

URCrP012 – Redline

URAP025A – Redline


Utah Courts

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2 thoughts on “Rules Governing Constitutional Challenges – Comment Period Closed April 12, 2020
  1. Bart Kunz

    (1) I can’t tell whether 24(b)(2) is also intended to permit intervention by other governmental entities (i.e., those not considered the state or an agency, like political subdivisions). If so (and I assume that’s the intent, given the other changes), I suggest adding language to (b)(2) to make that clear–perhaps something like “state or local government entity” or adding political subdivisions.
    (2) I think there’s a typo in (d)(3)(A)–it refers to URCrP, but I think it’s supposed to be URCP.
    (3) In (d)(3)(A) & (d)(3)(B), it seems like “ordinance, or other governmental enactment” should be added to the end of each, otherwise they just address statutes.

    It seems like there should there be an (a)(4.5) regarding service on other governmental entities besides the state, as in the revised URCP024(d)(2). Otherwise, it seems that parties are own their own about how to serve other governmental entities and whether they need to file a proof of service.

  2. William Hains

    (1) Mr. Kunz’s third recommendation in his comments about URCP024 applies equally to Lines 88 and 91 of URCrP012. Consider adding “, ordinance, or other governmental enactment” to the end of each of those lines.
    (2) For the sake of consistency, consider adding a bolded subheading with the words “Record of proceedings.” or “Record.” between “(g)” and “A verbatim record” on Line 54.