(a) When Permitted.
The United States or its officer or agency or a state may file
an amicus-curiae brief without the consent of the parties or
leave of court. Any other amicus curiae may file a brief only
by leave of court or if the brief states that all parties have
consented to its filing.
(b) Motion for Leave to File.
The motion must be accompanied by the proposed brief and
(1) the movantís interest; and
(2) the reason why an amicus brief is desirable and why the
matters asserted are relevant to the disposition of the
(c) Contents and Form.
An amicus brief must comply with Rule 32. In addition to the
requirements of Rule 32, the cover must identify the party or
parties supported and indicate whether the brief supports
affirmance or reversal. An amicus brief need not
comply with Rule 28, but must include the following:
the amicus curiae is a corporation, a disclosure statement like that required
of parties by Rule 26.1;
(2) a table of contents, with page references;
(3) a table of authorities ó cases (alphabetically arranged), statutes and other references to the pages of the brief where they are cited;
(4) a concise statement of the identity of the amicus
curiae, its interest in the case, and the source of its
authority to file;
(5) unless the amicus curiae is one listed in the first sentence of Rule 29(a), a statement that indicates whether:
(A) a partyís counsel authored the brief in whole or in part;
(B) a party or a partyís counsel contributed money that was intended to fund preparing or submitting the brief; and
(C) a person ó other than the amicus curiae, its members, or its counsel ó contributed money that was intended to fund preparing or submitting the brief and, if so, identifies each such person;
(6) an argument, which may be preceded by a summary and
which need not include a statement of the applicable
standard of review; and
(7) a certificate of compliance, if required by Rule
Except by the courtís permission, an amicus brief may be no
more than one-half the maximum length authorized by these
rules for a partyís principal brief. If the court grants a
party permission to file a longer brief, that extension does
not affect the length of an amicus brief.
(e) Time for Filing.
An amicus curiae must file its brief, accompanied by a motion
for filing when necessary, no later than 7 days after the
principal brief of the party being supported is filed. An
amicus curiae that does not support either party must file its
brief no later than 7 days after the appellantís or
petitionerís principal brief is filed. A court may grant leave
for later filing, specifying the time within which an opposing
party may answer.
(f) Reply Brief.
Except by the courtís permission, an amicus curiae may not
file a reply brief.
(g) Oral Argument.
An amicus curiae may participate in oral argument only with
the courtís permission.
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Last modified at 12/1/2010