Rule 28.1 - Amicus Curiae(a)Overview. An amicus curiae may file a motion asking the court for permission to submit a brief about whether a petition should be allowed or about an issue on appeal. An amicus who has been permitted to submit a brief about an issue on appeal may also file a motion asking for permission to participate in oral argument. The court will not accept responses to the motions described in this rule.(b)Submitting an Amicus Brief.(1)Motion and Brief Filed Contemporaneously. An amicus curiae must file its motion and proposed brief contemporaneously as separate documents.(2)Content of Motion. An amicus curiae's motion asking for permission to submit a brief must state the nature of the amicus's interest, the reasons why the brief would be beneficial to the court, the issues that are addressed in the brief, and the amicus's position on those issues.(3)Content of Brief. a.Organization. An amicus brief should be organized as follows: a cover page, a subject index and table of authorities under Rule 26(g)(2), a statement about the nature of the amicus curiae's interest, a list of the issues addressed in the brief, an argument, a conclusion stating the outcome sought, an identification of counsel under Rule 26(g)(3), and a proof of service under Rule 26(d).b.Argument. An amicus curiae's argument should focus on the question before the court. Therefore, an amicus brief about a petition should address whether the grounds to allow the petition are satisfied, and an amicus brief about one or more of the issues on appeal should address those issues.c.Disclosure Footnote. An amicus brief must contain a statement that either (i) identifies every person or entity (other than the amicus curiae, its members, or its counsel) who helped write the brief or who contributed money for its preparation, or (ii) specifies that there is no such person or entity. The statement must appear in a footnote on the first page of the amicus brief.d.Word-Count Limitation at the Court of Appeals. An amicus brief filed in the Court of Appeals may contain no more than 3,750 words. An amicus curiae must follow Rule 28(j)(1) to determine the portions of its brief that are included in the word count and must submit with the brief a certificate of compliance as described in Rule 28(j)(2).(4)Time for Filing. If an amicus brief supports a party, then the amicus curiae must file its motion and proposed brief no later than seven days after that party's petition, response to a petition, or principal brief is filed. If an amicus brief does not support any party, then the amicus must file its motion and proposed brief no later than seven days after the response is filed when the amicus brief is about a petition and no later than seven days after the appellee brief is filed when the amicus brief is about an issue on appeal.(5)Service on Parties. When an amicus curiae files its motion and proposed brief, it must serve a copy of both documents on the parties.(6)Reply Briefs of Parties. A party may file a reply brief that is limited to a rebuttal of the arguments set out in the amicus brief. The reply brief must be filed no later than ten days after having been served with an amicus brief about a petition and no later than thirty days after having been served with an amicus brief about an issue on appeal. The court will not accept a reply brief from an amicus curiae.(c)Participating in Oral Argument.(1)Standard. The court will permit an amicus curiae to participate in oral argument only for good cause shown.(2)Content of Motion. An amicus curiae's motion asking for permission to participate in oral argument must include:a. a description of how the amicus curiae's participation would aid the court's decision-making process; andb. a statement that indicates whether a party has agreed to yield time to the amicus curiae.(3)Time for Filing. An amicus curiae must file its motion no later than seven days after the clerk sends notice that the appeal has been calendared for oral argument.(4)Service on Parties. When an amicus curiae files its motion, it must serve a copy of the motion on the parties.(d)Identification of Amicus Curiae. The title of an amicus motion and the title of an amicus brief shall identify the names of all individuals or legal entities joining the motion or brief. If there are so many amici that listing each name is not practical, then the amici may instead list a smaller number of names followed by "et al." in the title of the document and include a full list of the amici in an appendix. For the purpose of this rule, the phrase "individuals or legal entities" does not include assumed names, aliases, and unincorporated associations.Order Dated 18 October 2023.
Adopted October 18, 2023, effective 11/20/2023; amended June 18, 2024, effective 6/18/2024.