§ 3.8 Amicus Curiae Practice.

• Jurisdiction: Arizona

§ 3.8 Amicus Curiae Practice. A nonparty interested in a particular appeal may request permission to appear as an amicus curiae or to intervene as a party. See § 3.3.3.4 (regarding intervention). ARCAP 16 states the procedure for appearing as an amicus. The amicus brief may be filed without a motion if accompanied by the written consent of all parties, and without such evidence of consent if the amicus is the state or an officer or agency thereof or a county, city or town. See ARCAP 16(b)(1)(A), (B). Otherwise, a motion requesting permission to appear as amicus curiae must be filed with the amicus brief in the appellate court and be served on all parties in accordance with ARCAP 4. Several nonparties may join in moving the court for leave to file one amicus brief. No filing fee is required to appear as an amicus. See Fee Schedule at The Arizona Appellate Courts § 1.6.

The movant’s interest in the issues must be clearly identified in the motion for leave to file an amicus brief. Under ARCAP 16(b)(2), the proposed amicus must state in the motion that he has read the relevant brief, petition or motion, not all the briefs. Thus, an amicus brief in support of one party could be filed after having read only that party’s brief.

The 2015 ARCAP revisions specify deadlines for filing amicus briefs. An amicus brief in the court of appeals must be lodged within 21 days after the deadline to file the final reply brief. See ARCAP 16(c). Amicus briefs in the supreme court must be filed no later than 21 days after the filing of the response to the petition for review (if they relate to the granting of review) or no later than 10 days after the deadline for supplemental briefs (if they relate to the merits). See ARCAP 16(d). RPSA 7(f) directs that an amicus brief relating to a special action petition to be filed as expeditiously as possible.

A motion for leave to file an amicus brief must state the reasons why its amicus brief would be desirable. See ARCAP 16(a). The 2015 ARCAP revisions specify three reasons that could support allowing an amicus to be filed: (1) a lack of competent representation of one of the parties, (2) the effect of the case on another pending case in which the amicus party is involved, or (3) the ability of the amicus to provide information, perspective, or argument beyond that provided by the parties. See ARCAP 16(b)(1)(C).

Whether the amicus brief is filed with consent or upon motion, it should not duplicate or extend the length of a...