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Rule 16. Amicus Curiae

Arizona Revised Statutes AnnotatedRules of Civil Appellate ProcedureEffective: January 1, 2021

Arizona Revised Statutes Annotated
Rules of Civil Appellate Procedure (Refs & Annos)
Part III: Appellate Briefs
Effective: January 1, 2021
Arizona Rules of Civil Appellate Procedure (ARCAP), Rule 16
Rule 16. 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. A person may file a brief as amicus curiae only if:
(A) The brief is filed with the written consent of the parties and states that on the cover;
(B) The person 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 person submits the brief with permission of the appellate court granted by motion. An appellate court may allow an amicus curiae brief if:
(i) A party has incompetent representation or no representation at all;
(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.
(2) Motion to File. If a person files a motion to submit a brief as amicus curiae, the person must lodge the brief with the motion. The motion must identify the interest of the person, state that the person has read the relevant brief, petition or motion, and state the reasons why the appellate court's acceptance of the person's brief as amicus curiae would be desirable.
(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. The brief must also identify persons or entities other than members of the sponsoring group or organization that provided financial resources for the preparation of the brief.
(4) Other Requirements. Except as otherwise provided by these Rules, briefs and motions filed by amicus curiae, and other documents filed by amicus curiae, must comply with the form, formatting, filing, certification and service requirements applicable to briefs, motions, and other documents filed by the parties.
(c) Time to File or Lodge Amicus Curiae Briefs in the Court of Appeals. A person filing a brief as amicus curiae in the Court of Appeals in a case that is not a special action must file the brief, or lodge the brief with a motion, within 21 days after the deadline for filing the final reply brief.
(d) Time to File Amicus Briefs in the Supreme Court. A person seeking to file a brief as amicus curiae in the Supreme Court must file the brief as provided by this Rule.
(1) Briefs Filed Before a Decision by the Supreme Court to Grant Review. Unless otherwise ordered by the Supreme Court, a person may file (or, if submitted under Rule 16(b)(2), lodge) an amicus curiae brief 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 to the petition for review. Amicus curiae briefs must comply with the form and length requirements of Rule 23(g) exclusive of any appendix.
(2) Briefs Filed After the Supreme Court Grants Review. After the Supreme Court has granted review, and unless otherwise ordered, amicus curiae may file (or, if submitted under Rule 16(b)(2), lodge) a brief no later than 10 days after the date ordered by the Court for the parties to file supplemental briefs in its order granting review. Amicus curiae briefs must not exceed the word limitation imposed for the parties' supplemental briefs.
(e) Petitions for Review. Amicus curiae may participate in a petition for review as provided by this Rule and by Rule 23.
(f) Oral Argument. Amicus curiae may participate in oral argument only on motion and with the appellate court's permission.

Credits

Amended March 10, 1987, effective June 1, 1987; June 10, 1997, effective Jan. 1, 1998; Oct. 6, 1998, effective Dec. 1, 1998; Sept. 5, 2007, effective Jan. 1, 2008; Sept. 16, 2008, effective Jan. 1, 2009; Sept. 2, 2014, effective Jan. 1, 2015; Aug. 26, 2020, effective Jan. 1, 2021.
17B A. R. S. Civil Appellate Proc. Rules, Rule 16, AZ ST CIV A P Rule 16
State Court Rules are current with amendments received and effective through 11/1/22. The Code of Judicial Administration is current with amendments received through 11/1/22
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