§ Rule 1.12 Brief of amicus curiae
Rule 1.12. Brief of amicus curiae
(a) Amicus Curiae Brief May Be Filed Either by the Consent of The Parties or by Leave of the Chief Justice of the Supreme Court.
(1) Appeal. A brief of an amicus curiae which is confined to the issues raised by the parties and which does not exceed twenty-five (25) pages may be filed during the briefing cycle of an appeal if it is accompanied by written consent of all the parties. If consent is denied by any of the parties, the procedure in subparagraph 1.12(b) shall be followed.
(2) Original Jurisdiction Proceedings. Amicus curiae may not appear in an original jurisdiction proceeding unless authorized by order of the Chief Justice. See Rule 1.191. The brief of the amicus curiae must comply with Rules 1.10, 1.11, and 1.191. Amicus curiae is not allowed to raise or put in issue any new fact in the original jurisdiction proceeding. A brief of an amicus curiae shall be confined to the issues raised by the parties. The brief of the amicus curiae may not have exhibits or appendix.
(b) Application to File Amicus Curiae Brief Without Consent by Parties.
(1) During Briefing Cycle of Appeal. The amicus curiae shall file a statement not to exceed five (5) pages which concisely discloses the nature and extent of the applicant's interest, states any facts or questions of law which may not be presented adequately by the litigants, and the relevancy of these facts or questions of law to the disposition of the cause. The amicus curiae shall mail a copy of the statement to the parties. If an objection is not filed within ten (10) days, consent shall be deemed to have been granted. If an objection is filed, the Supreme Court shall review the statement and the objections to determine whether to allow the filing of the amicus brief.
(2) Original Jurisdiction Proceedings. The amicus curiae shall file a statement not to exceed five (5) pages which concisely discloses the nature and extent of the applicant's interest, and states questions of law which may not be presented adequately by the litigants, and the relevancy of these questions of law to the disposition of the cause. The amicus curiae shall mail a copy of the statement to the parties. Parties shall have ten days to object, unless the Court orders otherwise. The Supreme Court shall review the statement and any objections to determine whether to allow the filing of the amicus brief.
(c) Avoidance of Unnecessary Repetition. Before completion of an amicus brief, counsel for an amicus curiae shall attempt to ascertain the arguments which will be made in the brief of any party whose positions the amicus is supporting in order to avoid any unnecessary repetition of argument.
(d) Assignment and Disposition of Cause Not to be Delayed by Filing Amicus Curiae Brief.
(1) Appeals. The assignment and disposition of a cause will not be delayed pending action on a motion for leave to file an amicus curiae brief or to await the filing of a brief amicus curiae. If the filing of an amicus curiae brief is allowed either by the consent of the parties or by the Supreme Court, it must be filed within the briefing cycle set for the party supported, and in conformance with the applicable provisions of Rules 1.10 and 1.11. Extraordinary cause must be shown before an amicus curiae will be permitted to file a brief at any time other than during the normal briefing cycle or as allowed by Rule 1.12(g). No reply brief of an amicus curiae may be filed.
(2) Original Jurisdiction Proceedings. The disposition of a cause will not be delayed pending action on a motion for leave to file an amicus curiae brief or to await the filing of a brief amicus curiae. The time to file an amicus brief shall be governed by order of the court in the proceeding. No reply brief of an amicus curiae will be received.
(e) Leave to File Response to Amicus Brief. Leave may be sought by any party in the case to file a response to the amicus curiae brief.
(f) Oral Argument By Amicus Curiae. Amicus curiae may be permitted to participate in the argument granted in the case by the Supreme Court upon motion showing extraordinary cause.
(g) Amicus Curiae on Certiorari and Rehearing. In a matter before the Supreme Court on certiorari to the Court of Civil Appeals, amicus curiae may file a statement in support of or opposing certiorari only by order of the Supreme Court granting leave to file the statement. Amicus curiae may file a statement in support of certiorari only when a party has petitioned for certiorari. Amicus curiae may file a statement opposing certiorari only when a party has responded opposing certiorari.
In a matter before either the Supreme Court or Court of Civil Appeals on rehearing, an amicus curiae may file a brief only by order of the court granting leave to file the brief. Amicus curiae may file a brief in support of rehearing only when a party has petitioned for rehearing.
Adopted July 10, 1996
Effective January 1, 1997