IX. Amicus Curiae Briefs
"Traditionally, the role of amici has been to act as a friend of the court, providing guidance on questions of law."149 "[T]he amicus curiae has a long lineage extending from Anglo-American common law, from as far back as the 14th century, and Roman law."150
Rule 29 and Local Rule 29 set forth the requirements and process for the filing of amicus briefs. Only the United States, its officers, its agencies, or one of the several states "may file an amicus curiae brief without the consent of the parties or leave of court."151 All others must have the court's permission or the consent of all other parties to the action.
A motion for leave to file an amicus brief must state the movant's interest, why the brief would aid the court, and the relevancy of the brief to the disposition of the case. The proposed brief must accompany the motion.
As for the form and contents, the brief must comply with Rule 32 (form of the brief). The cover must identify the party or parties supported and indicate whether the brief supports affirmance or reversal. The brief need not follow Rule 28 (requirements for the parties' briefs), but must include a disclosure statement if amicus curiae is a corporation (see Local Rule 26.1). In addition the brief should have a table of contents with page references; a table of authorities; a statement of the identifying amicus curiae, its interest, and the source of its authority to file a brief.
Unless amicus curiae is affiliated with the United States or one of the several states, the brief must include a statement indicating whether a party's counsel had a role in authoring the brief, a party or party's counsel provided financial backing for the brief, or any other person contributed funds to the briefing endeavor.
The argument section of the brief "may be preceded by a summary."152 The brief "may be no more than one-half the maximum length authorized by these rules for...
