Posted: December 2, 2021

Rule of Appellate Procedure – Comment Period Closed January 16, 2022

URAP025. Amicus curiae briefs. Amend. The proposed amendments to Rule 25: (1) modify the language throughout to rule to mirror the federal rule; (2) incorporate the language from Rule 50 regarding amicus curiae briefs; (3) allow an amicus curiae brief to be filed without leave of court if all parties have consented to its filing; (4) provide a word count length requirement; (5) change the due date from 21 days to 14 days in 25(d); (6) added language in 25(g) addressing responsive briefs; and (7) clean up other language for clarity and consistency.

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One thought on “Rule of Appellate Procedure – Comment Period Closed January 16, 2022”
  1. Cheryl Siler

    I am writing to comment on the proposed amendment to URAP 25. Proposed section 25(a) sets a deadline to give notice of intent to file an amicus brief as “14 days before the brief’s due date as provided in paragraph (d).” Under paragraph (d), the brief is due 14 days after the petition for writ of certiorari is filed or 14 days after the principal brief of the party being supported is filed.

    If an amicus is required to provide notice of the intent to file an amicus brief 14 days before the brief’s due date, that essentially requires the amicus to file the notice on the same day the petition for writ of cert is filed or the same day that the party’s brief is filed.

    For example, if the petition for writ of cert is filed on 2/1/22, then the amicus brief must be filed on 2/15/22 (14 days later). If the amicus must provide notice of intent to file the amicus brief 14 days before the brief is due, then the amicus must provide notice on 2/1/22, the same day the petition for writ was filed. There is no time for the amicus to review the petition before being required to file a notice of intent to file an amicus brief. This may lead to amicus filing a notice of intent automatically, without knowing whether a brief is necessary.
    I suggest URAP 25(a) be revised to set a shorter time for the notice of intent to file an amicus brief to allow amicus the chance to thoroughly review the issues. Perhaps the time frame in section (a) could be revised to 7 days?

    Furthermore, it would be beneficial if section (g) setting deadlines for responsive briefs was further revised to provide clarity as to the number of days a party has to file a response brief. As proposed, section (g)(1) indicates when the time for responsive briefs begins to run (from the filing of the amicus brief or the filing of the brief of the party whose position the amicus supports, whichever is later). However, it does not clearly indicate the number of days the party has to file that responsive brief. Instead, the rule directs parties to Rule 26(a). By setting forth the period (30 days) in URAP 25(g) itself, parties and the court will benefit from a clear and concise rule that doesn’t require wading through another rule to determine the deadline.

    Thank you for your time and consideration.