Requirements for an Amicus Brief to be Accepted   

aa   SUPREME COURT OF THE UNITED STATES

OFFICE OF THE CLERK
WASHINGTON, D. C. 20543–0001

October 2019

MEMORANDUM TO THOSE INTENDING TO FILE AN AMICUS CURIAE BRIEF IN THE SUPREME COURT OF THE UNITED STATES.

Core requirements: in Supreme Court Rules 33.1, 34 and 37.

Amicus briefs filed before the Court’s consideration of a petition for a writ of certiorari, see Rule 37.2

1. Consent and Motions for Leave to File Amicus Briefs

A. No motion for leave to file an amicus brief is necessary at the cert or merits stage if the brief reflects that written consent of all parties has been provided. Rules 37.2(a) and 37.3(a).
1) Many parties provide blanket consent to the filing of all amicus briefs, and such consent is typically reflected on the Court’s Docket.
2) Only write amicus briefs if there is consent. To do so without consent has a lot of other requirements.Many parties provide blanket consent to the filing of all amicus briefs, and such consent is typically reflected on the Court’s docket.

2.  Time Limits for Amicus Briefs and Notice to the Parties
      Cert Stage

A. The deadline to file an amicus brief in support of a petitioner or appellant is 30 days after the case is placed on the docket or the Court calls for a response, whichever is later.
                 1) An amicus curiae at the cert stage must ensure that counsel of record for all of the parties receives notice of its intention to file an amicus brief at least 10 days prior to the deadline to file the brief.

                      a.  If the brief is filed at least 10 days prior to the deadline, the brief itself suffices as notice.

                      b.  The amicus brief must also indicate that counsel for the parties received such notice; a statement to this effect is typically included in the first footnote of the brief. Rule 37.2(a).

3.  Contents of an Amicus Brief

            A.  Required Sections Rule 37.5

             1)  The interests of the amicus,
             2)  The summary of argument,
             3)  The argument A conclusion..

        B.  Each of these should be a separate section, with a separate heading and text.

        C The brief need not set forth the questions presented in the case.

4.  Specific requirements

         A.  Cover

               1)  At the petition stage, an amicus brief should have a cream cover; Rules 33.1(e), 33.1(g) and 34.1.
               2)  The caption for the case should be identical to the caption listed on the Court’s docket, unless the Clerk’s Office has provided other instructions.
               3)  Required information concerning counsel, see Rule 34.1(f), must be on the front cover page.
               4)  The title of the brief should reflect the names of all of the amici joining the brief, unless there are so many that listing them is not practical; in such a case, it is permissible to instead list a smaller number of amici along with an “et al.” or to characterize the amici in an appropriate way. Additional amici may not be added as joining a brief after it has been submitted for filing. An individual amicus may not join in more than one brief at each stage of a given case. The title of the brief should also reflect which party or parties the amicus supports or indicate whether it suggests affirmance or reversal. Rules 37.2(a) and 37.3(a).
               5)  The name of counsel of record (for the amicus brief) must be included toward the bottom of the cover, along with counsel’s office address, email address, and telephone number. Counsel of record must be a member of this Court’s Bar. Rule 34.1(f).
                     a.  Pro se amicus briefs from individuals who are not members of the Court’s Bare are not permitted. Rule 37.1                                         b.  It is permissible for a single attorney to serve as counsel of record with respect to more than one amicus brief in a particular case.

1. Table of Contents and Table of Authorities

Every amicus brief that exceeds 1,500 words must contain a table of contents and a table of authorities. Rule 34.2.

1. Interests of the Amicus Curiae

The first section of text of an amicus brief should be the interests of the amicus. Words included in this section count toward the word limit for the brief.

If there are an unusually large number of amici joining the brief, it is permissible to include a listing of the amici in an appendix to the brief, but any description of the amici and of their interests in the case must be included in the body of the brief and must count toward the word limit.

D.  Rule 37.6 Disclosures

       1)  The first footnote on the first page of text of an amicus brief must include certain disclosures concerning contributions to the brief. Rule 37.6.

              a.  It should indicate whether counsel for a party authored the brief in whole or in part and whether such counsel or a party made a monetary contribution intended to fund the preparation or submission of the brief. It should also identify every person other than the amicus, its members or counsel, who made such a monetary contribution; the Clerk’s State explicitly that no such contributions were made if this is in fact true.

 Word Limits –6000 words Rule 33.1(g)(x).

E.  Footnotes count toward word limits. Rule 33.1(d).

5. Miscellaneous Technical Requirements  A.  Forty copies of an amicus brief must be submitted in bookletP form. Rule 33.1(f).
   1)  The booklet must be 6⅛ by 9¼ inches, bound in at least two places on the left margin. Rules 33.1(a) and 33.1a.  Spiral, plastic, metal and string binding are not permitted. Rule 33.1(c).
   Paper that is opaque, unglazed and not less than 60 lbs. Rule 33.1(c).
   The cover must be on paper that is not less than 65 lb. Rule 33.1(e).
   Text must appear on both sides of the page. Rule 33.1(b).
   Quotations that exceed 50 words must be indented. Rule 33.1(b).
   Margins must be at least ¾ inch on each side.
   The text field, including footnotes, may not exceed 4⅛ by 7⅛ inches. Rule 33.1(c).
   Typeface must be standard 12-point in a Century font, with 2-point or more leading between lines. The typeface of footnotes must be 10-point type, with 2-point or more leading between lines. Rule 33.1(b).
   The brief must be accompanied by a proof of service and certification of compliance with applicable word limits. Rules 33.1(h) and 37.5. 5

6. Electronic Filing of Briefs

While paper remains the official form of filing, amicus briefs must also be submitted through the Court’s electronic filing system. Rules 29.1 and 29.7
For more specific information regarding submitting amicus briefs through the Court’s electronic filing system, please see the Guidelines for the Submission of Documents to the Supreme Court’s Electronic Filing System and Frequently Asked Questions, both of which are available on the Electronic Filing page of the Court’s website.