Miss. R. App. P. 29

As amended through March 21, 2024

Rule 29 - Brief of an Amicus Curiae

(a) Grounds for Filing. A brief of an amicus curiae may be filed only by leave of the appropriate appellate court, except that leave shall not be required when the brief is presented by the state and sponsored by the Attorney General or by a guardian ad litem who is not otherwise a party to the appeal. A motion for leave shall demonstrate that (1) amicus has an interest in some other case involving a similar question; or (2) counsel for a party is inadequate or the brief insufficient; or (3) there are matters of fact or law that may otherwise escape the court's attention; or (4) the amicus has substantial legitimate interests that will likely be affected by the outcome of the case and which interests will not be adequately protected by those already parties to the case.

(b) How and When Filed. A motion for leave to file an amicus brief shall be filed no later than seven (7) days after filing of the initial brief of the party whose position the amicus brief will support. The motion must be accompanied by the proposed brief of amicus curiae which shall be a concise statement not to exceed 15 pages. The party filing the motion shall also file with the motion a brief stating why the motion satisfies the requirements of Rule 29(a).

(c) Response to Motion. An opposing party who does not object to the motion for leave may respond to the amicus brief in the opposing party's response or reply brief pursuant to Rule 28(c) or 28(d). An opposing party who objects to the motion for leave shall file a response in opposition within seven (7) days pursuant to Rule 27 stating why the requirements of Rule 29(a) have not been met. For the purpose of Rule 31(a), the time for filing the next brief will run from the date the appropriate court enters an order on the motion for leave.

(d) Oral Argument. A motion of amicus curiae to participate in oral argument will be granted only for extraordinary reasons.

Miss. R. App. P. 29

Adopted to govern matters filed on or after 1/1/1995; amended effective 6/27/2002; amended effective 8/2/2012.

Advisory Committee Historical Note

Effective June 27, 2002, Rule 29(c) was amended to provide that a party has 7 days to file a response in opposition to a motion to file an amicus curiae brief. 822-823 So.2d XIX (West Miss.Cases 2002).

Effective January 1, 1995, Miss.R.App.P. 29 replaced Miss.Sup.Ct.R. 29, embracing proceedings in the Court of Appeals. 644-647 So.2d LXVII-LXIX (West Miss.Cases 1994).

Effective July 1, 1994, the Comment to Miss.Sup.Ct.R. 29 was amended to effect technical changes. 632-635 So.2d LII (West Miss.Cases 1994).

[Adopted August 21, 1996.]

Comment

Rule 29 is patterned on Fed. R. App. P. 29, 5 th Cir. R. Rule 31.2, Ala. R. App. P. 29, U.S. Sup. Ct. R. 36, and the former rules of the Mississippi Supreme Court.

Briefs of an amicus curiae are allowed under this rule consistent with the accepted view that such briefs, in appropriate cases, are of genuine assistance to the court and facilitate a more thorough understanding of the facts and law. Taylor v. Roberts, 475 So. 2d 150 (Miss. 1985). Under this rule, any person may move for leave to file an amicus brief. The appropriate court will consider motions filed under this rule pursuant to the considerations set out in subdivision (a). The State of Mississippi, through the Attorney General, however, need not obtain permission of the Court to appear as an amicus curiae. The court may also invite amicus briefs from persons the Court perceives may be affected by the outcome of the case. See Warren County v. Culkin, 497 So. 2d 433, 435-36 (Miss. 1986).

The rule follows federal practice by integrating amicus curiae briefs into the schedule for filing briefs on the merits. The motion with attached amicus brief need not be filed, however, until seven days after the initial brief of the party whose position the amicus brief will support. This delay permits the amicus to take advantage of Rule 28(j) and adopt by reference portions of the brief of that party. It also ensures the amicus will know what the party's brief contains. It is designed to discourage the filing of repetitive briefs that cannot satisfy Rule 29(a).

The opposing party may choose not to oppose the motion and may respond to the amicus brief in the party's next brief. If the opposing party files a response in opposition within seven days as required by Rule 27, the time for filing the next brief is rescheduled and does not begin to run until the date the court enters an order on the motion for leave. The response in opposition is to address only whether leave should be granted under Rule 29(a). The party opposing the motion will respond to the merits of the amicus brief in that party's next brief only if the motion for leave is granted. The former practice of a separate brief in response to the amicus brief is abolished. If the court grants leave to file, however, it may condition leave by extending the number of pages permitted under Rule 28(h) for the opposing party's next brief.

Under Rule 27, a motion for leave to file an amicus brief is decided by a single justice.

[Amended effective August 2, 2012.]

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