210 Pa. Code r. 531 - Participation by Amicus curiae

(a) General.-An amicus curiae is a non-party interested in the questions involved in any matter pending in an appellate court.

(b) Briefs

(1) Amicus curiae Briefs Authorized.-An amicus curiae may file a brief (i) during merits briefing; (ii) in support of or against a petition for allowance of appeal, if the amicus curiae participated in the underlying proceeding as to which the petition for allowance of appeal seeks review; or (iii) by leave of court. An amicus curiae does not need to support the position of any party in its brief.

(2) Content.-An amicus curiae brief must contain a statement of the interest of amicus curiae. The statement of interest shall disclose the identity of any person or entity other than the amicus curiae, its members, or counsel who (i) paid in whole or in part for the preparation of the amicus curiae brief or (ii) authored in whole or in part the amicus curiae brief. It does not need to contain a Statement of the Case and does not need to address jurisdiction or the order or other determinations in question. An amicus curiae brief shall contain the certificate of compliance required by Pa.R.A.P. 127.

(3) Length.-An amicus curiae brief under subparagraph (b)(1)(i) is limited to 7,000 words. An amicus curiae brief under subparagraph (b)(1)(ii) is limited to 4,500 words. An amicus curiae curiae brief under subparagraph (b)(1)(iii) is limited to the length specified by the court in approving the motion or, if no length is specified, to half the length that a party would be permitted under the rules of appellate procedure. Any amicus curiae brief must comply with the technical requirements for briefs, including certificates of compliance, set forth in Pa.R.A.P. 1115, 2135(b)-(d), 2171-2174, and 2187, or other pertinent rules.

(4) Time for filing briefs.-An amicus curiae brief must be filed on or before the date of the filing of the party whose position as to affirmance or reversal the amicus curiae will support. If the amicus curiae will not support the position of any party, the amicus curiae brief must be filed on or before the date of the appellant's filing. In an appeal proceeding under Pa.R.A.P. 2154(b), 2185(c), and 2187(b), the amicus curiae must file on or before the date of service of the advance text by the party whose position as to affirmance or reversal the amicus curiae supports or, if the amicus curiae does not support the position of any party, on or before the date of service of the advance text of the appellant.

(c) Oral argument.-Oral argument may be presented by amicus curiae only as the appellate court may direct. Requests for leave to present oral argument shall be by application and will be granted only for extraordinary reasons.

Notes

210 Pa. Code r. 531

The provisions of this Rule 531 amended May 16, 1979, effective 9/30/1979, 9 Pa.B. 1740; amended February 27, 1980, 10 Pa.B. 1038, effective date as set forth at 10 Pa.B. 1038; amended September 25, 1992, effective immediately, 22 Pa.B. 5014; amended October 3, 2011, effective in thirty days, 41 Pa.B. 5620; amended June 7, 2016, effective 10/1/2016, 46 Pa.B. 3231; amended January 5, 2018, effective 1/6/2018, 48 Pa.B. 461.