N.Y. Comp. Codes R. & Regs. tit. 22 § 500.23

Current through Register Vol. 46, No. 15, April 10, 2024

Section 500.23 - Amicus curiae relief

Any non-party 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. Potential amici seeking information are encouraged to contact the clerk's office by telephone during business hours. Information on the calendar status of appeals and certified questions, court session dates and appropriate return dates for amicus motions also is available on the court's website.

(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.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 500.23

Amended New York State Register June 22, 2016/Volume XXXVIII, Issue 25, eff. 6/22/2016

Amended New York State Register May 16, 2018/Volume XL, Issue 20, eff. 5/16/2018

Amended New York State Register May 27, 2020/Volume XLII, Issue 21, eff. 5/27/2020