Current through Register Vol. 46, No. 12, March 20, 2024
(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 section
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) The motion shall be noticed for a
return date no later than the court session preceding the session in which
argument or submission of the appeal or certified question is scheduled. When
an appeal or certified question is scheduled for argument or submission during
the court's January or September session, the motion shall be noticed for a
return date no later than the first Monday in December or the first Monday in
August, respectively.
(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 subdivision (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. The motion shall be noticed for a return date no later than the
filing date set for respondent's submission on the appeal. The proposed
submission shall conform to the word and page limits set forth in section
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 subdivision (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. The motion shall
be noticed for a return date as soon as practicable after the return date of
the motion for permission to appeal to which it relates. 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 paragraph (1) or (2) of this
subdivision.
(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 its 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 subdivision (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
subdivision (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 on or before
the return date of the motion for permission to appeal.
(2)
Amicus curiae relief on
normal course appeals and normal course certified questions. See sections
500.1,
500.12(e)
and
500.13(c)
of this Part.
(3)
Amicus
curiae relief on appeals and certified questions selected for review
by the alternative procedure. See section
500.11(j)
and (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 section
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.