Filing an Amicus Curiae Brief in at the United States Court of Appeals for the Second Circuit

I want to file an Amicus Curiae Brief. What is the procedure? Are there timing deadlines?

In the Second Circuit Court of Appeals, if one wants to file an Amicus Curiae Brief, permission to file must be requested, and obtained, from the Court pursuant to FRAP 29.  A motion, with an attached copy of the proposed Amicus Brief, must be filed with the Court no later than seven days after the brief which it purports to support has been filed.  The motion should demonstrate why an Amicus Brief is desirable and why the matters asserted are relevant to the disposition of the case.

The Amicus Curiae Brief must not exceed 7,000 words and must conform to the FRAP 32 requirements for the filing of briefs in the Second Circuit.  There are no extensions of time granted on Amicus Brief deadlines and though Briefs in opposition to an Amicus Brief are not required, one may be filed by a party whose position is adverse to that of the Amicus Curiae.  Any such opposition should be filed within 15 days from the order granting the relief or within 15 days after the service of the Amicus Brief.  Provided the Amicus does not have Electronic Case Filing System access on the particular matter, the aforementioned filings must also be served on all parties.

As for oral argument, an Amicus Curiae may participate in oral argument of an appeal only with the permission of the Court.