Rule 41. Motion To Appear As Amicus Curiae
Effective July 1, 2016
A. Content.
A proposed amicus curiae shall file a motion to appear as an amicus curiae. The motion shall identify the interest of the proposed amicus curiae and the party with whom the proposed amicus curiae is substantively aligned, and it shall state the reasons why an amicus curiae brief would be helpful to the court.
B. Time for Filing.
The proposed amicus curiae shall file its motion to appear within the time allowed the party with whom the proposed amicus curiae is substantively aligned to file its brief or Petition. If an entity has been granted leave to appear as an amicus curiae in a case before the Court of Appeals or the Tax Court, that entity need not again seek leave to appear as an amicus curiae in any continuation of that case before the Supreme Court.
C. Tender of Brief.
The proposed amicus curiae shall tender its amicus curiae brief by submitting it with its motion to appear as amicus curiae, except that if an entity has been granted leave to appear as amicus curiae in a case before the Court of Appeals or Tax Court, then that entity shall file any briefing pertaining to a petition to transfer jurisdiction or for review to the Supreme Court within the time allowed the party with whom the proposed amicus curiae is substantively aligned.
D. Belated Filing.
The court may permit the belated filing of an amicus curiae brief on motion for good cause. If the court grants the motion, the court shall set a deadline for any opposing party to file a reply brief.
E. Amicus Curiae Appendix and Addendum to Brief.
An entity granted amicus curiae status may not file an Appendix or Addendum to the Brief containing documents that are not within the Record on Appeal unless leave to do so has been first granted.