M E M O
TO: Joint Procedure Committee
FROM: Gerhard Raedeke
RE: Rule 29, N.D.R.App.P.; Brief of an Amicus Curiae
This memo outlines the proposed changes to N.D.R.App.P. 29 in response to the December 1, 1998, amendment to Fed.R.App.P. 29.
The proposal divides the rule into subdivisions and paragraphs.
Subdivision (a) addresses when filing an amicus curiae brief is permitted. Unlike the federal rule, the proposal does not allow an amicus-curiae brief to be filed if all the parties have consented or by a governmental unit without leave of court.
Subdivision (b) addresses a motion for leave to file an amicus-curiae brief. Unlike the federal rule, North Dakota's rule does not require the brief to accompany the motion.
Subdivision (c) is new. The proposal requires an amicus brief to comply with Rule 32, which governs the form of briefs. The proposal requires the amicus curiae to identify on the cover who and what is being supported.
Finally, the proposal contains the necessary requirements for an amicus-curiae brief. The requirements for a brief in Rule 28 do not need to be followed, because many of the requirements like a jurisdictional statement are unnecessary. Unlike the federal rule, a corporate disclosure statement is not required.
Subdivision (d) addresses the length of an amicus brief. Subdivision (e) addresses the time for filing. Subdivision (f) and (g) address whether a reply brief and oral argument is permitted. Currently, these items are not addressed by North Dakota's rules.