Pennsylvania Code
Title 210 - APPELLATE PROCEDURE
Part I - RULES OF APPELLATE PROCEDURE
Article I - PRELIMINARY PROVISIONS
Chapter 5 - PERSONS WHO MAY TAKE OR PARTICIPATE IN APPEALS
AMICUS CURIAE
Rule 531 - Participation by Amicus curiae
Universal Citation: 210 PA Code ยง 531
Current through Register Vol. 54, No. 44, November 2, 2024
(a) General.-An amicus curiae is a non-party interested in the questions involved in any matter pending in an appellate court.
(b) Briefs
(1)
Amicus curiae Briefs
Authorized.-An amicus curiae may file a brief (i)
during merits briefing; (ii) in support of or against a petition for allowance
of appeal, if the amicus curiae participated in the underlying
proceeding as to which the petition for allowance of appeal seeks review; or
(iii) by leave of court. An amicus curiae does not need to
support the position of any party in its brief.
(2)
Content.-An
amicus curiae brief must contain a statement of the interest
of amicus curiae. The statement of interest shall disclose the
identity of any person or entity other than the amicus curiae
, its members, or counsel who (i) paid in whole or in part for the preparation
of the amicus curiae brief or (ii) authored in whole or in
part the amicus curiae brief. It does not need to contain a
Statement of the Case and does not need to address jurisdiction or the order or
other determinations in question. An amicus curiae brief shall
contain the certificate of compliance required by Pa.R.A.P. 127.
(3)
Length.-An
amicus curiae brief under subparagraph (b)(1)(i) is limited to
7,000 words. An amicus curiae brief under subparagraph
(b)(1)(ii) is limited to 4,500 words. An amicus curiae curiae
brief under subparagraph (b)(1)(iii) is limited to the length specified by the
court in approving the motion or, if no length is specified, to half the length
that a party would be permitted under the rules of appellate procedure. Any
amicus curiae brief must comply with the technical
requirements for briefs, including certificates of compliance, set forth in
Pa.R.A.P. 1115, 2135(b)-(d), 2171-2174, and 2187, or other pertinent
rules.
(4)
Time for filing
briefs.-An amicus curiae brief must be filed on or
before the date of the filing of the party whose position as to affirmance or
reversal the amicus curiae will support. If the amicus
curiae will not support the position of any party, the amicus
curiae brief must be filed on or before the date of the appellant's
filing. In an appeal proceeding under Pa.R.A.P. 2154(b), 2185(c), and 2187(b),
the amicus curiae must file on or before the date of service
of the advance text by the party whose position as to affirmance or reversal
the amicus curiae supports or, if the amicus
curiae does not support the position of any party, on or before the
date of service of the advance text of the appellant.
(c) Oral argument.-Oral argument may be presented by amicus curiae only as the appellate court may direct. Requests for leave to present oral argument shall be by application and will be granted only for extraordinary reasons.
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