9th Cir. R. 29-2

(a) When Permitted. An amicus curiae may be permitted to file a brief when the Court is

considering a petition for panel or en banc rehearing or when the Court has granted

rehearing. The United States or its officer or agency, or a State, Territory,

Commonwealth, or the District of Columbia, or their officers or agencies, may file an

amicus curiae brief without leave of court. Any other amicus curiae may file a brief only

by leave of court. The Court may reject the filing of or may strike an amicus brief that

would result in a judge’s disqualification. (Rev. 12/1/25)

(b) Motion for Leave to File. The motion must be accompanied by the proposed brief and

include the recitals set forth at FRAP 29(a)(3). (Rev. 12/1/25)

(c) Format/Length.

(1) A brief submitted while a petition for rehearing is pending shall be styled as an

amicus curiae brief in support of or in opposition to the petition for rehearing or

as not supporting either party. A brief submitted during the pendency of panel or

en banc rehearing shall be styled as an amicus curiae brief in support of appellant

or appellee or as not supporting either party.

(2) A brief submitted while a petition for rehearing is pending may not exceed 15

pages unless it complies with the alternative length limit of 4,200 words. Motions

for leave to file a longer brief are strongly disfavored. (Rev. 12/1/16)

(3) Unless otherwise ordered by the Court, a brief submitted after the Court has voted

to rehear a case may not exceed 25 pages unless it complies with the alternative

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length limit of 7,000 words. Motions for leave to file a longer brief are strongly

disfavored. (Rev. 7/1/16; Rev. 12/1/16; Rev. 12/1/25)

(4) Pursuant to Circuit Rule 26.1-1, amicus briefs must be accompanied by a

completed Form 34 Disclosure Statement. (New 12/1/25)

(d) Number of Copies.

(1) If a petition for rehearing en banc has been granted and the brief is not required to

be submitted electronically, an original and 18 copies of the brief shall be

submitted.

(2) For all other briefs described by this rule that are not required to be submitted

electronically, an original shall be submitted.

The Clerk may order the submission of paper copies or additional copies of any brief

filed pursuant to this rule. (Rev. 12/1/09; 12/1/19)

(e) Time for Filing.

(1) Brief Submitted to Support or Oppose a Petition for Rehearing. An amicus

curiae must serve its brief along with any necessary motion no later than 10 days

after the petition or response of the party the amicus wishes to support is filed or

is due. An amicus brief that does not support either party must be served along

with any necessary motion no later than 10 days after the petition is filed. Motions

for extensions of time to file an amicus curiae brief submitted under this rule are

disfavored. (Rev. 12/1/09)

(2) Briefs Submitted During the Pendency of Rehearing. Unless the Court orders

otherwise, an amicus curiae supporting the position of the petitioning party or not

supporting either party must serve its brief, along with any necessary motion, no

later than 21days after the petition for rehearing is granted. Unless the Court

orders otherwise, an amicus curiae supporting the position of the responding party

must serve its brief, along with any necessary motion, no later than 35 days after

the petition for panel or en banc rehearing is granted. Motions for extensions of

time to file an amicus curiae brief submitted under this rule are disfavored. (Rev.

12/1/09)

(f) Circulation. Motions for leave to file an amicus curiae brief to support or oppose a

petition for panel rehearing are circulated to the panel. Motions for leave to file an amicus

curiae brief to support or oppose a petition for en banc rehearing are circulated to all

members of the Court. Motions for leave to file an amicus curiae brief during the

pendency of en banc rehearing are circulated to the en banc court. (New 7/1/07)

Cross Reference:

• FRAP 29. Brief of an Amicus Curiae on page 120

• Circuit Rule 25-4. Calendared Cases on page 84

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