§ 1:13-9 Amicus Curiae; Motion; Grounds for Relief; Briefs
1:13-9. Amicus Curiae; Motion; Grounds for Relief; Briefs
(a) An application for leave to appear as amicus curiae in any court shall be made by motion in the cause stating with specificity the identity of the applicant, the issue intended to be addressed, the nature of the public interest therein and the nature of the applicant's special interest, involvement or expertise in respect thereof. The court shall grant the motion if it is satisfied under all the circumstances that the motion is timely, the applicant's participation will assist in the resolution of an issue of public importance, and no party to the litigation will be unduly prejudiced thereby. The order granting the motion shall define with specificity the permitted extent of participation by the amicus and shall, where appropriate, fix a briefing schedule.
(b) Briefs filed by an amicus curiae in any court shall comply with all applicable rules.
(c) Except as provided in subsection (f), motions for leave to appear as an amicus curiae in the Appellate Division shall be accompanied by the proposed amicus curiae brief and shall be filed on or before the day when the last brief is due from any party.
(d) An amicus curiae who has been granted leave to appear in a cause may, without seeking further leave:
(1) file a brief in an appeal taken to any court from a final judgment or appealable interlocutory order, provided that the brief is filed on or before the day on which the last brief is due from any party;
(2) file a brief in support of or in opposition to a motion for leave to appeal, provided that the brief is filed on or before the day on which the last brief is due from any party;
(3) file a brief in the Supreme Court in support of or in opposition to a petition for certification, provided that the brief is filed on or before the day on which the last brief is due from any party; and
(4) file a brief on the merits after the Supreme Court has granted a petition for certification or a motion for leave to appeal, or after a notice of appeal has been filed, provided that the brief is filed in compliance with the time frames fixed in subsection (e) of this Rule.
(e) An amicus curiae who has not been granted leave to appear in a cause may file a motion for leave to appear in the Supreme Court, provided that the motion is accompanied by the proposed amicus curiae brief. Except as provided in Subsection (f) of this Rule, motions for leave to appear as an amicus curiae in the Supreme Court shall be filed within seventy-five (75) days of the date when the Supreme Court posts on its public website a notice of:
(1) an order granting certification;
(2) an order granting leave to appeal; or
(3) the filing of a notice of appeal.
Untimely motions may be granted by the Supreme Court only on a showing of good cause demonstrated to the satisfaction of the Court.
(f) In the event that the Supreme Court, or the Appellate Division, has directed the parties to submit briefs in accordance with an accelerated schedule, an amicus curiae shall file its motion for leave to appear, accompanied with its brief, on or before the date fixed for the last brief due from any party.