Current through Register Vol. 46, No. 39, September 25, 2024
Any nonparty other than the Attorney General seeking to
file an amicus brief on an appeal, certified question or motion for leave to
appeal must obtain permission by motion. Amicus curiae relief
will be denied where acceptance of the amicus curiae submission may cause the
recusal or disqualification of one or more Judges of the Court. Potential amici
seeking information are encouraged to contact the Clerk's Office by telephone
during business hours. Information on the briefing status of appeals and
certified questions and appropriate return dates for amicus motions also is
available on the Court's web site.
(a)
Motions for amicus curiae relief.
(1)
Amicus curiae relief on
normal course appeals and normal course certified questions.
(i) In addition to the submission in digital
format required by subdivision (c) of this section, movant shall file an
original and one copy of its motion, accompanied by an original
amicus brief, with proof of service of one copy of the motion
and one copy of the brief on each other party. The proposed brief shall conform
to the word and page limits set forth in section
500.13(c) of this
Part and the requirements of section
500.1 of this Part.
(ii) If the motion is granted, in addition to
the submission in digital format required by subsection
500.12(h) of this
Part, nine copies of the brief shall be filed, with proof of service of three
copies on each party, within the time set by the Court's order.
(iii) Unless otherwise directed or permitted
by Court, the motion shall be served no later than 30 days after the filing
date set for appellant's reply brief or, in the case of cross-appeals,
cross-appellant's reply brief, and the motion shall be noticed for a return
date that complies with section
500.21 of this
Part.
(2)
Amicus
curiae relief on appeals and certified questions selected for review
by the alternative procedure. In addition to the submission in digital format
required by subsection
500.23(c) of this
section, movant shall file an original and one copy of its motion, accompanied
by an original and one copy of the proposed submission, with proof of service
of one copy on each other party. Unless otherwise directed or permitted by the
Court, the motion shall be served no later than 30 days after the filing date
set for respondent's submission and the motion shall be noticed for a return
date that complies with section
500.21 of this Part. The proposed
submission shall conform to the word and page limits set forth in subsection
500.11(m) of this
Part and the requirements of section
500.1 of this Part.
(3)
Amicus curiae relief on
motions for permission to appeal in civil cases. In addition to the submission
in digital format required by subsection
500.23(c) of this
section, movant shall file an original and one copy of its papers, accompanied
by an original amicus brief, with proof of service of the motion and one copy
of the brief on each other party. Unless otherwise directed or permitted by the
Court, the motion shall be served no later than 15 days after the return date
of the motion for permission to appeal to which it relates and shall be noticed
for a return date that complies with section
500.21 of this Part. The granting
of a motion to appear amicus curiae on a motion for permission to appeal does
not authorize the movant to appear amicus curiae on the subsequent appeal. A
new motion for amicus curiae relief on the appeal must be brought pursuant to
subsection (a)(1) or (2) of this section.
(4) Criteria. Movant shall not present issues
not raised before the courts below. A motion for amicus curiae relief shall:
(i) demonstrate that the parties are not
capable of a full and adequate presentation and that movant could remedy this
deficiency; movant could identify law or arguments that might otherwise escape
the Court's consideration; or the proposed amicus curiae brief otherwise would
be of assistance to the Court;
(ii)
include a statement of the identity of movant and movant's interest in the
matter; and
(iii) include a
statement indicating whether:
(a) a party's
counsel contributed content to the brief or participated in the preparation of
the brief in any other manner;
(b)
a party or a party's counsel contributed money that was intended to fund
preparation or submission of the brief; and
(c) a person or entity, other than movant or
movant's counsel, contributed money that was intended to fund preparation or
submission of the brief and, if so, identifying each such person or
entity.
(5)
Opposing papers. In addition to the submission in digital format required by
subsection
500.23(c) of this
section, respondent may file an original and one copy of papers in opposition
to the motion, with proof of service of one copy on each other
party.
(b)
Amicus
curiae filings by the Attorney General.
(1)
Amicus curiae relief on
motions for permission to appeal in civil cases. In addition to the submission
in digital format required by subsection
500.23(c) of this
section, the Attorney General shall file an original and one copy of the
submission with proof of service of one copy on each other party. The
submission shall be filed without leave of the Court no later than 15 days
after the return date of the motion for permission to appeal.
(2)
Amicus curiae relief on
normal course appeals and normal course certified questions. See subsections
500.12(e) and
500.13(c) of this
Part and section
500.1 of this Part.
(3)
Amicus curiae relief on
appeals and certified questions selected for review by the alternative
procedure. See subsections
500.11(j) and
500.11(m) of this
Part.
(c) Companion
submission in digital format. Unless a request to be relieved of the digital
filing requirement is submitted pursuant to subsection
500.2(e) of this
Part, each party shall submit in digital format its motion or opposition
papers. Movant shall also submit in digital format the proposed
amicus brief or submission. The motion, proposed
amicus brief or submission, and opposition papers submitted in
digital format shall be identical to the filed original printed motion or
opposition papers, except the digital filing need not contain an original
signature. All material submitted under this section shall comply with the
technical specifications and instructions for submission available from the
Clerk's Office. The motion, proposed amicus brief or
submission, and opposition papers in digital format shall be submitted within
seven days of the return date of the motion.
