Tenn. R. App. P. 31
Advisory Commission Comments.
This rule follows the practice of requiring leave of court before an amicus brief may be filed. In addition, this rule permits the appellate court on its own motion to request the filing of an amicus brief. Unlike Federal Rule of Appellate Procedure 29, this rule does not permit the filing of an amicus brief by consent of all of the parties, since generally such consent is so rarely granted as to make the provision meaningless. Moreover, most amicus briefs are in fact a type of adversary intervention rather than objective assistance to the court. Accordingly, subdivision (a) requires an amicus to identify the amicus's interest as well as to state how the amicus brief will assist the appellate court. However, if the court requests an amicus brief, it may obtain the outside objective assistance that an amicus in theory renders. This rule also needs to be construed in conjunction with Rule 32 of these rules, which permits the Attorney General of this state to participate by brief and argument in certain specified circumstances.
Advisory Commission Comment [2007].
New Rule 31(d) provides a procedure for assessing court costs against amici curiae.