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CO · rules

C.A.R. 29

Brief of an Amicus Curiae

activein force · 2022-07-01 – presentact-effective-date

(a) When Permitted. An amicus curiae may file a brief only by leave of court or at the

court’s request.

(b) Motion for Leave to File. The motion to file an amicus brief must identify the

movant’s interest and state the reasons why an amicus brief would be helpful to the court.

The brief must be conditionally filed with the motion, unless the court grants leave to file

the motion without the brief.

(c) Content and Form. An amicus brief must comply with Rule 32. The caption page

on the brief must indicate whether the brief is submitted in support of a party, and if so

must identify the party or parties supported. The brief must also comply with Rule 28(a)(2)

and (3) and must include the following:

(1) a certificate of compliance as required by Rule 32(h);

(2) a concise statement of the identity of the amicus curiae and its interest in the case;

and

(3) an argument, which may be preceded by a summary but need not include a

statement of the applicable standard of review or whether the issue was preserved.

(d) Length. Except by the court’s permission, an amicus brief may be no more than

one-half the maximum length authorized by these rules for a party’s principal brief. If the

court grants a party permission to file a longer brief, that extension does not affect the

length of the amicus brief.

(e) Time for Filing. An amicus curiae must file its brief within the deadline for filing

the principal brief of the party being supported. An amicus curiae that does not support

either party must file its brief no later than 7 days after the appellant’s opening brief is

filed. A court may grant leave for later filing, specifying the time within which an opposing

party may answer. The time for filing an amicus brief in an original proceeding shall be as

provided under C.A.R. 21(k).

(f) Reply Brief. Unless the court orders otherwise, an amicus curiae may not file a

reply brief.

(g) Oral Argument. An amicus curiae may participate in oral argument only with the

court’s permission, which will be granted only for extraordinary reasons. A motion to

participate in oral argument must state that the supported party does not object and will

share its allotted time with amicus. The length of oral argument will not be extended to

accommodate amicus participation.

History

Source: Entire rule amended and effective June 25, 2015; (e) amended February 24, 2022, effective July 1, 2022 (Rule Change 2022(05)). ANNOTATION Law reviews. For article, ‘‘What Amici Cur- iae Can and Cannot Do with Amicus Briefs’’, see 46 Colo. Law. 23 (Apr. 2017). Amicus curiae limited to questions raised by appealing parties. An appellate court will consider only those questions properly raised by the appealing parties. Amicus curiae must ac- cept the issues made and propositions urged by the appealing parties, and any additional ques- tions presented in a brief filed by an amicus curiae will not be considered. Denver United States Nat’l Bank v. People ex rel. Dunbar, 29 Colo. App. 93, 480 P.2d 849 (1970). Applied in First Lutheran Mission v. Dept. of Rev., 44 Colo. App. 417, 613 P.2d 351 (1980).

Provenance

Source
content.leg.colorado.gov
Retrieved
2026-09-15
Edition
2026-09-15
Content hash
d2e9ba877a6c6ad1cdabf7f96592878d38fcef40e2ba13dd3b975da5c50feedd
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C.A.R. 29 — Brief of an Amicus Curiae · binding.law