Utah Courts
URAP Rule 25 (Rules of Appellate Procedure)
URAP Rule 25 (Rules of Appellate Procedure)
Rule 25. Amicus curiae briefs.
(a) Notice. An amicus curiae in the Supreme Court or Court of Appeals must provide notice to counsel of record for all parties to the appeal of its intent to file its brief at least 7 days before the brief’s due date as provided in paragraph (d).
(1) Only one signatory to any amicus curiae brief filed jointly must notify the parties of its intent to file that brief.
(2) An amicus curiae whose brief is requested by an appellate court need not comply with this notice requirement.
(b) When permitted.
(1) The following entities may file an amicus curiae brief without consent of the parties or leave of court:
(A) a guardian ad litem;
(B) the State of Utah or any agency of the State of Utah by the Office of the Utah Attorney General;
(C) any other State, Commonwealth, or Territory when submitted by its Attorney General; or
(D) the United States of America when submitted by the United States Department of Justice.
(2) Any other amicus curiae brief may be filed only if all parties have consented to its filing, at the court’s request, or by leave of court granted on motion.
(c) Motion for leave to file. If one or more parties do not consent to the brief’s filing, an amicus curiae may file a motion for leave to file the brief.
(1) The motion must identify the party or parties who have withheld consent, identify the movant’s interest, and state the reasons why an amicus curiae brief is desirable and why the matters asserted are relevant to the disposition of the case.
(2) The motion must not exceed 1,500 words. It must be submitted together with the brief sought to be filed.
(3) A party to the appeal may oppose the motion by filing an objection within 14 days after the motion is served that concisely states its reasons for withholding consent. The objection must not exceed 1,500 words.
(4) The appellate court has discretion in determining whether to grant a motion for leave to file an amicus curiae brief.
(d) Time for filing. An amicus curiae brief, together with a motion under paragraph (c) when a party has withheld consent, must be filed:
(1) in a case before the Supreme Court when a petition for a writ of certiorari is pending, 14 days after the petition is filed; or
(2) in a case before the Supreme Court for merits review, or before the Court of Appeals, 14 days after the principal brief of the party being supported is filed.
(3) an amicus curiae that does not support either party must file its brief no later than 7 days after the appellant’s or petitioner’s principal brief is filed.
(e) Contents and form. An amicus curiae brief must comply with Rule 27. In addition, the cover must identify the party or parties supported and must indicate whether the brief supports affirmance or reversal. The brief must include:
(1) a table of contents;
(2) a table of authorities;
(3) unless included as part of a motion under paragraph (c)(1), a concise statement of the identity of the amicus curiae and its interest in the case;
(4) a statement indicating whether counsel for the parties received timely notice under paragraph (a);
(5) a statement indicating whether all parties consented under paragraph (b)(2)
(6) unless the amicus curiae is one listed in paragraph (b)(1), a statement that indicates whether:
(A) a party or party’s counsel authored the brief in whole or in part;
(B) a party or party’s counsel contributed money that was intended to fund preparing or submitting the brief; and
(C) 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.
(7) an argument, which may be preceded by a summary and which need not include a statement of the applicable standard of review.
(8) a certificate of compliance as required by Rule 24(a)(11).
(f) Length. An amicus curiae brief filed regarding a petition for writ of certiorari may not exceed 4,000 words. Any other amicus curiae brief may not exceed 7,000 words. Those limits will not be extended on the amicus’s motion. Both limits exclude the table of contents, the table of authorities, any appendix, and required certificates of counsel.
(g) Responsive briefs.
(1) when no motion under paragraph (c) has been filed, the time for responsive briefs under Rule 26(a) runs from the timely filing of the amicus curiae brief or from the timely filing of the brief of the party whose position the amicus curiae supports, whichever is later.
(2) when a motion under paragraph (c) has been filed, the time for responsive briefs under Rule 26(a) runs from the date of the appellate court order granting or denying the motion.
(h) Oral argument. While such motions are not favored, an amicus curiae may file a letter requesting permission to participate in the oral argument within 14 days after the notice of oral argument.
(i) An amicus curiae brief may not be filed in support of a petition for rehearing under Rule 35.
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