§ 5.5 Applications To Appear Amicus Curiae

JurisdictionUnited States

§ 5.5 APPLICATIONS TO APPEAR AMICUS CURIAE

A person or an organization may ask the appellate court's permission to appear as amicus curiae, ORAP 8.15(1), except that the State of Oregon may appear as amicus curiae without leave of the court, ORAP 8.15(9).

A request to appear amicus curiae is made by "application," not by motion, but the application must comply with the form requirements for motions. ORAP 8.15(2).

In the Oregon Court of Appeals, the application to appear amicus curiae may be accompanied by amicus' proposed brief; in the Oregon Supreme Court, the application must be accompanied by the proposed brief. ORAP 8.15(3).

An amicus brief is due in the court of appeals, and in the supreme court for cases other than those on review from the court of appeals, seven days after the due date of the brief of the party with whom the amicus is aligned, or seven days after the due date of the opening brief if the amicus is not aligned with any party. ORAP 8.15(4), (6). In the supreme court, an amicus brief can be filed in connection with a petition for review or on the merits after review is granted; ORAP 8.15(5) addresses the due dates of amicus briefs in those different...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT