Rule 5:30. Briefs Amicus Curiae

(a) Stage of proceedings.— Subject to the requirements in this Rule, a brief amicus curiae may be filed during the petition, perfected appeal, and rehearing stages of the appellate proceedings in this Court, and in proceedings invoking this Court's original jurisdiction.

(b) Who May File a Brief Amicus Curiae Without Leave of Court. —

(1) The United States of America; and

(2) The Commonwealth of Virginia.

(c) Who Needs Leave of Court to File a Brief Amicus Curiae. — Except as provided in paragraph (b) of this Rule, any person or entity seeking to file a brief amicus curiae must obtain leave of Court by motion. Such motion must:

(1) state whether the brief would be in support of a party (and if so, which party or parties), or in support of none of the parties;

(2) certify that the applicant has sought to obtain consent of all parties;

(3) state which, if any, of the parties has consented to the motion and whether a party that has not consented has stated an intention to file an opposition to the motion; and

(4) attach the proposed brief.

(d) When a Brief Amicus Curiae Must Be Filed. —

(1) A brief amicus curiae is timely if filed no later than 7 days after the principal brief or filing of the party supported. An amicus brief in support of neither party is timely if filed no later than 7 days after the opening brief or petition. Except by the Court's permission, an amicus curiae may not file a reply brief.

(2) Unless the amicus curiae is one listed in subparagraph (b) of this Rule, an amicus brief must include a statement that indicates whether:

(i) a party's counsel authored the brief in whole or in 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, that identifies each such person.

(e) What a Brief Amicus Curiae Must Contain. —

(1) A brief amicus curiae must comply with the rules applicable to the brief or filing of the party supported. If a person or entity is filing an amicus brief in support of neither party, the brief amicus curiae must comply with the rules applicable to the appellant or petitioner. The cover must identify the party or parties supported, if any.

(2) Unless the amicus curiae is one listed in subparagraph (b) of this Rule, an amicus brief must include a statement that indicates whether:

(i) a party's counsel authored the brief in whole or in 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, that identifies each such person.

(f) This Court's Authority to Request a Brief Amicus Curiae. — Notwithstanding the provisions of this Rule, this Court may request that a brief amicus curiae be filed at any time.

(g) Prohibition on Amicus Filings that Would Require Recusal . — The Court may prohibit the filing of or strike an amicus brief that would result in the recusal of a Justice of this Court.

Committee Notes

Promulgated by Order dated Friday, April 30, 2010. Last amended by Order dated June 18, 2025; effective August 17, 2025.