Rule 32: Notice to Attorney General When Validity of Statute, Rule or Regulation Is Questioned.
(a) Service; When Required. When the validity of a statute of this state or an administrative rule or regulation of this state is drawn in question in any appeal to which the state or an officer or agency is not a party, the party raising such question shall serve a copy of the party's brief on the Attorney General.
(b) Proof of Service. Proof that service has been made on the Attorney General shall be filed with the brief of the party raising such question.
(c) Right to Respond. The Attorney General is entitled, within the time allowed for the filing of a responsive brief by a party, to file a brief. The Attorney General is also entitled to be heard orally, regardless of whether he or she files a brief.
(d) Consequence of Failure to Comply. Except by order of the court, in the absence of notice, the appellate court will not dispose of an appeal until notice has been given and the Attorney General has been given such opportunity to respond as shall be set by the court.
Advisory Commission Comments.
Under this rule the Attorney General is entitled to file a brief whenever the validity of a statute of this state or an administrative rule or regulation is drawn in question in any appeal to which the state or an officer or agency of this state is not a party. The Attorney General may be heard orally even if he or she decides not to file a brief. Subdivision (d) ensures that in the absence of notice to the Attorney General the appellate court will not dispose of the appeal.
The provisions of this rule are supplementary to, and do not affect the provisions of Tenn. Code Ann. § 29-14-107 and Rule 24.04 of the Tennessee Rules of Civil Procedure, with respect to notice to the Attorney General in trial court proceedings.Back to Top