Fed. R. App. P. 29

(a) During Initial Consideration of a Case on the Merits.

(1) Applicability. This Rule 29(a) governs amicus filings during a court’s initial consideration of a case on the merits.

(2) When Permitted. The United States or its officer or agency or a state may file an amicus brief without the consent of

the parties or leave of court. Any other amicus curiae may file

a brief only by leave of court or if the brief states that all parties have consented to its filing, but a court of appeals may

prohibit the filing of or may strike an amicus brief that would

result in a judge’s disqualification.

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

(A) the movant’s interest; and

(B) the reason why an amicus brief is desirable and why

the matters asserted are relevant to the disposition of the

case.

35 Rule 29 FEDERAL RULES OF APPELLATE PROCEDURE

(4) Contents and Form. An amicus brief must comply with

Rule 32. In addition to the requirements of Rule 32, the cover

must identify the party or parties supported and indicate

whether the brief supports affirmance or reversal. An amicus

brief need not comply with Rule 28, but must include the following:

(A) if the amicus curiae is a corporation, a disclosure

statement like that required of parties by Rule 26.1;

(B) a table of contents, with page references;

(C) a table of authorities—cases (alphabetically arranged), statutes, and other authorities—with references

to the pages of the brief where they are cited;

(D) a concise statement of the identity of the amicus curiae, its interest in the case, and the source of its authority to file;

(E) unless the amicus curiae is one listed in the first sentence of Rule 29(a)(2), a statement that indicates whether:

(i) a party’s counsel authored the brief in whole or in

part;

(ii) a party or a party’s counsel contributed money

that was intended to fund preparing or submitting the

brief; and

(iii) a person—other than the amicus curiae, its

members, or its counsel—contributed money that was

intended to fund preparing or submitting the brief and,

if so, identifies each such person;

(F) an argument, which may be preceded by a summary

and which need not include a statement of the applicable

standard of review; and

(G) a certificate of compliance under Rule 32(g)(1), if

length is computed using a word or line limit.

(5) 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 an amicus brief.

(6) Time for Filing. An amicus curiae must file its brief, accompanied by a motion for filing when necessary, no later

than 7 days after the principal brief of the party being supported is filed. An amicus curiae that does not support either

party must file its brief no later than 7 days after the appellant’s or petitioner’s principal brief is filed. A court may grant

leave for later filing, specifying the time within which an opposing party may answer.

(7) Reply Brief. Except by the court’s permission, an amicus

curiae may not file a reply brief.

(8) Oral Argument. An amicus curiae may participate in oral

argument only with the court’s permission.

(b) During Consideration of Whether to Grant Rehearing.

(1) Applicability. This Rule 29(b) governs amicus filings during a court’s consideration of whether to grant panel rehearing or rehearing en banc, unless a local rule or order in a case

provides otherwise.

(2) When Permitted. The United States or its officer or agency or a state may file an amicus brief without the consent of

36 Rule 30 FEDERAL RULES OF APPELLATE PROCEDURE

the parties or leave of court. Any other amicus curiae may file

a brief only by leave of court.

(3) Motion for Leave to File. Rule 29(a)(3) applies to a motion

for leave.

(4) Contents, Form, and Length. Rule 29(a)(4) applies to the

amicus brief. The brief must not exceed 2,600 words.

(5) Time for Filing. An amicus curiae supporting the petition

for rehearing or supporting neither party must file its brief,

accompanied by a motion for filing when necessary, no later

than 7 days after the petition is filed. An amicus curiae opposing the petition must file its brief, accompanied by a motion

for filing when necessary, no later than the date set by the

court for the response.

(As amended Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 28, 2010, eff. Dec.

1, 2010; Apr. 28, 2016, eff. Dec. 1, 2016; Apr. 26, 2018, eff. Dec. 1, 2018.)