Iowa R. App. P. 6.906

6.906(1) Appeal.

a. An amicus curiae brief may be filed only by leave of the appropriate appellate court granted

on motion, at the request of the appropriate appellate court, or when accompanied by the written

consent of all parties. The United States and Iowa Attorney General may file an amicus curiae

brief without leave of the appellate court or consent of the parties. Iowa Code section 625A.19

governs the filing of an amicus brief by members of the general assembly in challenges to the

constitutionality of an Act of the Iowa legislature.

b. A motion for leave must identify the interest of the applicant and state the reasons an

amicus curiae brief would assist the court in resolving issues preserved for appellate review in the

case.

c. The brief may be conditionally filed with a motion for leave. The brief may not be included

as an attachment to the motion but must be filed as a separate document.

d. An amicus curiae brief must be filed no later than seven days after the brief of the

party to be supported is filed, or if in support of no party, no later than seven days after the

appellant’s brief. The appropriate appellate court may extend the deadline for the brief only upon

an affirmative showing of good cause, specifying the period within which an opposing party may

respond.

e. Amicus curiae who wish to participate in oral argument must file a motion requesting leave

to participate with the appropriate appellate court within 30 days after filing of the brief. The

motion must state whether counsel for the party with whom the amicus curiae is aligned has

agreed to share oral argument time, and if there is no such agreement or if the amicus curiae

is not aligned with a party, the motion must state with particularity the reasons why the amicus

curiae should be given oral argument time and the amount of time requested.

6.906(2) Further review.

a. Amicus curiae briefs may not be filed in support of, or in resistance to, an application for

further review of a decision of the court of appeals.

b. If the supreme court grants further review, an amicus curiae brief may be filed upon leave of

the supreme court granted on motion, at the request of the supreme court, or when accompanied

by the written consent of all parties. The United States and Iowa Attorney General may file an

amicus curiae brief without leave of the appellate court or consent of the parties.

c. A motion for leave to file an amicus curiae brief must be filed within 30 days of the

supreme court’s order granting further review, and no response to the motion will be allowed

unless requested by the court. The motion must identify the interest of the applicant, state the

reasons an amicus curiae brief would assist the court in resolving issues preserved for appellate

review in the case, and be accompanied by the proposed amicus curiae brief. The brief may not

be included as an attachment to the motion but must be filed as a separate document.

d. An amicus brief not requiring leave of court must be filed within 30 days of the supreme

court’s order granting further review.

e. Parties may file a response to the amicus curiae brief within 15 days of the court’s order

granting the motion, or within 15 days of the filing of an amicus curiae brief by the United States

or the Iowa Attorney General.

f. Amicus curiae who wish to participate in oral argument must file a motion requesting leave

to participate with the supreme court at the time of the filing of the brief or, if a brief has already

been filed under rule 6.906(1), within 14 days of the order granting further review. The motion

must state whether counsel for the party with whom the amicus curiae is aligned has agreed to

share oral argument time, and if there is no such agreement or if the amicus curiae is not aligned

with a party, the motion must state with particularity the reasons why the amicus curiae should be

given oral argument time and the amount of time requested.

g. The deadlines for filing of an amicus brief under rule 6.906(2) will not delay submission of

the case on further review.

6.906(3) Rehearing. Amicus curiae briefs may not be filed in support of, or in resistance to, a

petition for rehearing of an opinion of the court of appeals or the supreme court.

6.906(4) Form of amicus curiae brief. An amicus curiae brief may not exceed more than

one-half of the length limitations for a required brief specified in rule 6.903(1)(i). An amicus

curiae brief must comply with the format requirements of rule 6.903(1). An amicus curiae brief

need not comply with rules 6.903(2) and 6.903(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 the interest in the case.

d. A statement that indicates whether a party’s counsel authored the brief in whole or in

part, indicates whether a party or party’s counsel contributed money to fund the preparation

or submission of the brief, and identifies any other person who contributed money to fund the

preparation or submission of the brief.

e. An argument.

f. A certificate of compliance, if required by rule 6.903(1)(i)(4).

6.906(5) Criteria for allowing amicus curiae brief. An appellate court has broad discretion in

determining whether to allow an amicus curiae brief. 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 any of the

following factors is present:

(1) The proposed amicus brief supports the position of an unrepresented party or party who

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 any 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 would 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 criteria of rule 6.906(5).