RULE 29. BRIEF OF AN AMICUS CURIAE
1 (a) During Initial Consideration of a Case on the Merits.
2 (1) Applicability. This Rule 29(a) governs amicus filings during a court's
3 initial consideration of a case on the merits.
4 (2) When Permitted. An amicus curiae brief may be filed only with leave of
5 court or at the court's request. An amicus brief must be limited to issues raised on
6 appeal by the parties.
(b) (3) Motion for Leave to File. The motion may be
accompanied by the
8 proposed brief. The motion must state:
(1) (A) the moving party's interest; and
(2) (B) the reasons why an amicus brief is desirable
and why the matters
11 asserted are relevant to the disposition of the case.
(c) (4) Contents and Form. An amicus brief must
comply with Rule 25 and
13 Rule 32. In addition to the requirements of Rule 25 and Rule 32, the cover must
14 identify the party or parties supported, if any, and indicate whether the brief
15 supports affirmance or reversal. An amicus brief need not comply with Rule 28,
16 but must include the following:
(1) (A) a table of contents, with paragraph references;
(2) (B) a table of authorities--cases (alphabetically
arranged), statutes and
19 other authorities--with references to the paragraphs in the brief where they are
(3) (C) a concise statement of the identity of the
amicus curiae, and its
22 interest in the case;
(4) (D) a statement that indicates whether:
(A) (i) a party's counsel authored the brief in whole or
(B) (ii) a party or a party's counsel contributed money
that was intended to
26 fund preparing or submitting the brief; and
(C) (iii) a person--other than the amicus curiae, its
members, or its
28 counsel--contributed money that was intended to fund preparing or submitting the
29 brief and, if so, identifies each such person; and
(5) (iv) an argument, which may be preceded by a
summary and which need
31 not include a statement of the applicable standard of review.
(d) (5) Length. Except by the court's permission, an
amicus brief may be no
33 more than one-half the maximum length authorized by these rules for a party's
34 principal brief (see Rule 32(a) (7) ). If the court grants a party permission to file a
35 longer brief, that extension does not affect the length of an amicus brief.
(e) (6) Time for Filing. An amicus curiae must file its
brief within the time
37 allowed for filing the principal brief of the party being supported. An amicus
38 curiae that does not support either party must file its brief within the time allowed
39 for filing the appellant's principal brief. The court may grant leave for later filing,
40 specifying the time within which an opposing party may answer.
(f) (7) Reply Brief. Except by the court's permission,
an amicus curiae may
42 not file a reply brief.
(g) (8) Oral Argument. An amicus curiae may
participate in oral argument
44 only with the court's permission.
45 (b) During Consideration of Whether to Grant Rehearing.
46 (1) Applicability. This Rule 29(b) governs amicus filings during a court's
47 consideration of whether to grant rehearing.
48 (2) When Permitted. An amicus curiae may file a brief only by leave of
50 (3) Motion for Leave to File. Rule 29(a)(3) applies to a motion for leave.
51 (4) Contents, Form, and Length. Rule 29(a)(4) applies to the amicus brief.
52 The brief must not exceed 2,600 words.
53 (5) Time for Filing. An amicus curiae supporting the petition for rehearing
54 or supporting neither party must file its brief, accompanied by a motion for filing
55 when necessary, no later than 7 days after the petition is filed. An amicus curiae
56 opposing the petition must file its brief, accompanied by a motion for filing when
57 necessary, no later than the date set by the court for the response.
58 EXPLANATORY NOTE
59 Rule 29 was amended, effective March 1, 1996; March 1, 2003; March 21,
60 2007; March 1, 2012; October 1, 2014; December 1,
61 2014; March 1, 2018.
62 Rule 29 was revised, effective March 1, 2003, in response to the December
63 1, 1998, amendments to Fed.R.App.P. 29. The language and organization of the
64 rule were changed to make the rule more easily understood and to make style and
65 terminology consistent throughout the rules.
Subdivision (a) Paragraph (a)(2) was amended,
effective March 21, 2007.
67 New language was added to clarify that an amicus brief may deal only with issues
68 raised on appeal by the parties.
Subdivision (b) Paragraph (a)(3) was amended,
effective March 1, 2003.
70 New language in
paragraph (2) subparagraph (a)(3)(B)
was added to require that
71 the motion state the relevance of the matters asserted to the disposition of the case.
Subdivision (c) Paragraph (a)(4) was adopted,
effective March 1, 2003, to
73 eliminate any confusion as to contents and form and to require compliance with
74 Rule 32, and amended effective October 1, 2014, to conform the rule to electronic
Subdivision (c) Paragraph (a)(4) was amended, March
1, 2012, to include a
paragraph (c)(4) subparagraph (a)(4)(D)
establishing disclosure requirements
78 concerning the authorship and funding of an amicus brief. The disclosure
79 requirements are derived from Fed.R.App.P. 29.
Subdivision (c) Paragraph (a)(4) was amended,
effective December 1, 2014,
81 to require references to paragraph numbers in the table of contents and table of
Subdivision (d) Paragraph (a)(5) was adopted,
effective March 1, 2003, to
84 establish a shorter page limit for an amicus brief than for a party's principal brief.
85 The rationale for this limitation is that an amicus brief is supplemental--it need
86 not address all issues or facets of a case, but only matters not adequately addressed
87 by a party.
Subdivision (f) Paragraph (a)(7) was adopted, effective
March 1, 2003, to
89 prohibit the filing of a reply brief by an amicus curiae without the permission of
90 the court.
91 Subdivision (b) was adopted, effective March 1, 2018, to create a
92 procedure for filing an amicus brief supporting or opposing rehearing.
93 SOURCES: Joint Procedure Committee Minutes of April 27, 2017, pages
94 22-23; September 26, 2013, page 25; April 28-29, 2011, page 26; September
95 27-28, 2001, pages 19-22; September 29-30, 1994, page 16; May 25-26, 1978,
96 pages 13-14. Fed.R.App.P. 29.
97 CROSS REFERENCE: N.D.R.App.P. 32 (Form of Briefs, Appendices, and
98 Other Documents).