Rule 28. Brief of amicus curiae

(a) When permitted.

(1) A brief of an amicus curiae may be filed only by leave of Court granted on motion or at the request of the Court.

(2) The purpose of an amicus curiae brief should be to bring to the attention of the Court relevant matters not already brought to its attention by the parties. It should avoid repetition of facts or legal arguments contained in the principal brief. An amicus curiae brief that does not serve this purpose burdens the Court, and its filing is not favored.

(b) Motion for leave to file. The motion must be accompanied by the proposed brief and, for any amicus which is a corporation, a Disclosure of Corporate Affiliations and Financial Interest as provided for in Form P of these Rules, and state:

(1) The movant's interest in the outcome of the particular case or appeal;

(2) A statement that indicates whether:

(i) a party's counsel authored the brief in whole or in substantial part;

(ii) a party or a party's counsel contributed money that was intended to fund preparing or submitting the brief; and

(iii) a person—other than the amicus curiae, its members, or its counsel—contributed money that was intended to fund preparing or submitting the brief and, if so, identifies each such person;

(3) The reason why an amicus brief is desirable and why the matters asserted are relevant to the disposition of the case; and

(4) Whether the parties to the appeal consent to or oppose the motion for leave to file.

(c) Contents and form of brief. An amicus brief must comply with Rule 13. The cover of the amicus brief must be green and must identify the party or parties supported and indicate whether the brief supports affirmance or reversal. An amicus brief must include the following under distinctive titles, commencing on a new page, in the listed order:

(1) A table of contents reflecting each section required by this rule, including all headings designated in the body of the brief, with page references;

(2) A table of citations, including cases (alphabetically arranged), statutes, rules, textbooks and other authorities, with page references, alphabetically arranged;

(3) A concise statement of the identity of the amicus curiae, its interest in the case, and the source of its authority to file;

(4) A statement whether:

(i) a party's counsel authored the brief in whole or in substantial part;

(ii) a party or a party's counsel contributed money that was intended to fund preparing or submitting the brief; and

(iii) a person—other than the amicus curiae, its members, or its counsel—contributed money that was intended to fund preparing or submitting the brief and, if so, identifies each such person; and

(5) An argument, which may be preceded by a summary and which need not include a statement of the applicable standard of review.

(d) Length. Except by leave of the Court, an amicus brief may be no more than one-half the maximum length authorized by these rules for a party's principal brief. The front cover, material required by paragraphs (c)(1) through (4), and signature block do not count toward the limitation. All other text must be counted toward the limitation. If the Court grants a party permission to file a longer brief, that extension does not affect the length of the amicus brief.

(e) Time for filing. An amicus curiae must file its brief, accompanied by a motion for filing, no later than 7 days after the principal brief of the party being supported is filed. An amicus curiae that does not support either party must file its brief no later than 7 days after the appellant's principal brief is filed.

(f) Reply brief. Except by leave of the Court, an amicus curiae may not file a reply brief.

(g) Oral argument. An amicus curiae may not participate in oral argument unless ordered by the Court.