Rule 44 - Case Involving a Constitutional Question When the State of Vermont Is Not a Party(a) Constitutional Challenge to a Legislative Act. If a party questions the constitutionality of any legislative act affecting the public interest in a proceeding in the Supreme Court to which the State of Vermont or any agency, officer, or employee is not a party in an official capacity, that party must file a document providing notice of that fact to the clerk when the appeal is filed or as soon as the question is raised in the Supreme Court. The clerk must then certify that fact to the Attorney General. (b) Intervention by the Attorney General. After certification by the clerk, the Attorney General will be allowed to intervene for argument on the question of constitutionality. Amended July 13, 2021, eff. 8/17/2021.Reporter's Notes-2021 Amendment
Rule 44(a) is amended to clarify that notice of a constitutional challenge is provided by the party through "filing," either by electronic or nonelectronic means.