Arizona

Criminal Procedure

Criminal Procedure

Rule 31.15 – Amicus Curiae

(a) Generally. Amicus curiae is not a party to the appeal and must be independent of any party to the appeal. Counsel for a party may not author an amicus curiae brief in whole or in part.
(b) Requirements for Filing.

(1)Allowance. An applicant may file a brief as amicus curiae only if:

(A) the brief is filed with the parties’ written consent, which is separately filed;
(B) the applicant is the State of Arizona or an officer or agency of the State of Arizona, or is an Arizona county, city, or town; or
(C) the appellate court grants a motion to file it.
(2)Motion to File.

(A) Requirements. If an applicant files a motion to file a brief as amicus curiae, the applicant must lodge the brief with the motion. The motion must identify the interest of the applicant, state that the applicant has read the relevant brief, petition, or motion, and state the reasons why the appellate court’s acceptance of applicant’s brief as amicus curiae would be desirable.
(B) Grounds for Granting a Motion. An appellate court may grant a motion to permit the filing of an amicus curiae brief if:

(i) a party has incompetent representation or is self-represented;
(ii) amicus curiae has an interest in another case that the decision in the present case may affect; or
(iii) amicus curiae can provide information, perspective, or argument that can help the appellate court beyond the help that the parties’ lawyers provide.
(3)Disclosure of Sponsor. Amicus curiae’s brief must clearly identify the group or organization sponsoring the brief and the interests of the sponsoring entity in the outcome of the appeal.
(4)Other Requirements. Except as these rules provide otherwise, briefs and other documents filed by amicus curiae must comply with the form, formatting, filing, certification of compliance, and service requirements applicable to briefs and other documents filed by parties.
(c) Time to File or Submit Amicus Curiae Briefs in the Court of Appeals. In a case that is not a special action, a person filing a brief as amicus curiae in the Court of Appeals must file the brief, or lodge the brief with a motion, no later than 21 days after the deadline for filing the final reply brief.
(d) Time to File Amicus Curiae Briefs in the Supreme Court. An applicant seeking to file a brief as amicus curiae in the Supreme Court must file the brief as provided in this rule.

(1)Briefs Filed Before a Decision by the Supreme Court to Grant Review. Unless the Supreme Court orders otherwise, applicants must file (or, if by motion, lodge) amicus curiae briefs in support of a petition for review or a response to a petition for review no later than 21 days after the filing of the response or, if none is filed, the deadline for filing the response to the petition for review. Amicus curiae briefs must comply with the form and length requirements of Rule 31.21(g), exclusive of any appendix.
(2)Briefs Filed After the Supreme Court Grants Review. After the Supreme Court grants review, and unless the Court orders otherwise, amicus curiae must file (or, if by motion, lodge) a brief no later than 10 days after the date ordered by the Court for the parties to file supplemental briefs. Amicus curiae briefs must not exceed the word or page limitation imposed for the parties’ supplemental briefs.
(3)Briefs Filed in Direct Appeals in Capital Cases. In a direct appeal in a capital case that is not a special action, a person filing a brief as amicus curiae in the Supreme Court must file the brief, or lodge the brief with a motion, no later than 21 days after the deadline for filing the final reply brief.
(e) Oral Argument. Amicus curiae may participate in oral argument only with the appellate court’s permission.

Ariz. R. Crim. P. 31.15

Added by August 31, 2017, effective January 1, 2018.

HISTORICAL AND STATUTORY NOTES

Former Rule 31.15, relating to motion to dismiss, was abrogated effective January 1, 2018. See, now, AZ ST RCRP Rule 31.24.