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June 2010 APPELLATE PROCEDURE Ch 6, p.25
6.906(2) Further review. Amicus curiae briefs shall not be filed in support of, or in resistance to,
an application for further review of a decision of the court of appeals. If the supreme court grants
further review, an amicus curiae brief may be filed upon leave of the supreme court granted on motion
served on all parties, at the request of the supreme court, or when accompanied by the written consent
of all parties. A motion for leave to file an amicus curiae brief must be filed within 14 days of the
supreme court’s order granting further review, and no response to the motion shall be received unless
requested by the court. The motion shall identify the interest of the applicant, shall state the reasons
an amicus curiae brief would assist the court in resolving issues preserved for appellate review in the
case, and shall be accompanied by the amicus curiae brief. If the motion for leave to file an amicus
curiae brief is granted, the parties may file a response to the amicus curiae brief within 15 days of the
court’s order granting the motion.
6.906(3) Form of amicus curiae brief. An amicus curiae brief shall not exceed more than one-half
of the length limitations for a required brief specified in rule 6.903(1)(g). An amicus curiae brief must
comply with the format requirements of rule 6.903(1). An amicus curiae brief need not comply with
rule 6.903(2) or (3) but must include all of the following:
a. A table of contents with page references.
b. A table of authorities containing cases (alphabetically arranged), statutes, and other authorities
cited, with references to all pages of the brief where they are cited.
c. A concise statement of the identity of the amicus curiae and its interest in the case.
d. An argument.
e. A certificate of compliance, if required by rule 6.903(1)(g)(4).
6.906(4) Criteria for allowing amicus curiae brief. An appellate court has broad discretion in
determining whether an amicus curiae brief should be allowed. The court will base its decision on
whether the brief will assist the court in resolving the issues preserved for appellate review in the
case. In reaching its decision, the court will consider various factors, including those set forth below.
a. The court will ordinarily grant a motion for leave to file an amicus curiae brief if one of the
following factors is present.
(1) The party whose position the proposed amicus brief supports is unrepresented or has not
received adequate representation.
(2) The proposed amicus curiae has a direct interest in another case that may be materially affected
by the outcome of the present case.
(3) The proposed amicus curiae has a unique perspective or information that will assist the court
in assessing the ramifications of any decision rendered in the present case.
b. The court will ordinarily deny a motion for leave to file an amicus curiae brief if one of the
following factors is present.
(1) The proposed amicus curiae brief will merely reiterate the arguments of the party whose
position the brief supports.
(2) The proposed amicus curiae brief appears to be an attempt to expand the number of briefing
pages available to the party whose position the brief supports.
(3) The proposed amicus curiae brief attempts to raise issues that were not preserved for appellate
review.
(4) The proposed amicus curiae brief will place an undue burden on the opposing party.
c. The court may also strike an amicus curiae brief filed with the consent of all parties if it appears
the brief would not be allowed under the above criteria.
6.906(5) Number of copies of amicus brief. Eighteen copies of an amicus brief shall be filed. In
addition, one copy shall be served on each party.
[Court Order October 31, 2008, effective January 1, 2009]
Rule 6.907 Scope of review. Review in equity cases shall be de novo. In all other cases the appellate
courts shall constitute courts for correction of errors at law, and findings of fact in jury-waived cases
shall have the effect of a special verdict.
[Court Order October 31, 2008, effective January 1, 2009]
Rule 6.908 Oral and nonoral submission; notice of additional authorities.
6.908(1) Requests for oral argument. A party desiring to present an oral argument shall request
it in their brief as provided in rule 6.903(2)(i). Oral argument will not be granted if it is not requested
in the brief, except by order of the appropriate appellate court.