Obsolete Date: 3/1/2003
An amicus curiae brief may be filed only with leave of court or at the court's request. The brief may be conditionally filed with the motion. A motion must identify the interest of the applicant and state the reasons why an amicus brief is desirable.
Any amicus brief must be filed within the time allowed the party whose position as to affirmance or reversal the amicus brief will supports unless all parties otherwise consent or the court for cause shown grants leave for later filing. If the court grants leave for late filing it shall specify the time within which an opposing party may answer. A motion of an amicus curiae to participate in the oral argument will be granted only for extraordinary reasons.
Rule 29 was revised, effective March 1, 2003, in response to the December 1, 1998, amendments to Fed.R.App.P. 29. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
Paragraph (a)(2) was amended, effective March 21, 2007. New language was added to clarify that an amicus brief may deal only with issues raised on appeal by the parties.
Paragraph (a)(3) was amended, effective March 1, 2003. New language in subparagraph (a)(3)(B) was added to require that the motion state the relevance of the matters asserted to the disposition of the case.
Paragraph (a)(4) was adopted, effective March 1, 2003, to eliminate any confusion as to contents and form and to require compliance with Rule 32, and amended effective October 1, 2014, to conform the rule to electronic filing..
Paragraph (a)(4) was amended, March 1, 2012, to include a new subparagraph (a)(4)(D) establishing disclosure requirements concerning the authorship and funding of an amicus brief. The disclosure requirements are derived from Fed.R.App.P. 29.
Paragraph (a)(4) was amended, effective December 1, 2014, to require references to paragraph numbers in the table of contents and table of authorities.
Paragraph (a)(5) was adopted, effective March 1, 2003, to establish a shorter page limit for an amicus brief than for a party's principal brief. The rationale for this limitation is that an amicus brief is supplemental—it need not address all issues or facets of a case, but only matters not adequately addressed by a party.
Paragraph (a)(7) was adopted, effective March 1, 2003, to prohibit the filing of a reply brief by an amicus curiae without the permission of the court.
Subdivision (b) was adopted, effective March 1, 2018, to create a procedure for filing an amicus brief supporting or opposing rehearing.
SOURCES: Joint Procedure Committee Minutes of April 27, 2017, pages 22-23; September 26, 2013, page 25; April 28-29, 2011, page 26; September 27-28, 2001, pages 19-22; September 29-30, 1994, page 16; May 25-26, 1978, pages 13-14. Fed.R.App.P. 29.
CROSS REFERENCE: N.D.R.App.P. 32 (Form of Briefs and Other Documents).