Part VII · Briefs
Rule 26. Amicus Curiae Briefs
(a) Without Leave of Court.
(1) Briefs and Petitions. Amicus curiae briefs in support of any party may be filed without leave of Courtwithin 10 days after that party’s initial brief or petition is due. Amicus curiae briefsthat address the issue(s) on appeal but do not support any party may be filed withoutleave of Court within 10 days after the response brief is due.
(2) Applications for Interlocutory and Discretionary Appeals. Amicus curiae briefs in support of any party may be filed without leave of Courtwithin five days after that party’s application or response is due. Amicus curiae briefsthat address the issue(s) on appeal but do not support any party may be filed withoutleave of Court within five days after the response is due. In light of the statutorydeadlines for decisions on applications, amicus curiae briefs should be filed as soonas possible so the Court can review them.
(3) Motions for Reconsideration. Amici may not file motions for reconsideration, but an amicus curiae brief may besubmitted in support of a party’s motion for reconsideration. Although these briefsmay be filed without leave of Court, they must be filed as soon as possible so theCourt can review them.
(b) With Leave of Court. Amicus curiae briefs may be filed after the time periods set out in Rule 26 (a) only withleave of Court. A request for leave to file an amicus curiae brief must be filed in theform of a motion with the proposed brief attached as Exhibit 1. Motions for leave to fileamicus curiae briefs related to applications are not favored and will be granted only inextraordinary circumstances.
(c) Disclosure. Amicus curiae briefs must disclose the identity of the persons on whose behalf the briefis filed. The Court may deny leave to file an amicus curiae brief that would result in thedisqualification of a judge.