Local Rule DUCivR 7-6: AMICUS CURIAE PARTICIPATION
D. Utah — Civil rule
DUCivR 7-6 AMICUS CURIAE PARTICIPATION
(a) Participation.
An attorney, person, entity, or the government may seek leave of the court to file an amicus curiae brief in a case. Those seeking leave must file a motion consistent with section 7-6(b).
(b) Motion for Leave to File a Memorandum.
(1) The motion must include the following:
(A) the amicus's interest in the litigation;
(B) the usefulness of the memorandum to the disposition of the case; and
(C) whether the parties consent to the filing of the memorandum.
(2) The motion must be accompanied by:
(A) a proposed order granting the motion; and
(B) the proposed memorandum.
(3) Any party may file a response to the motion, without responding to the substance of the proposed memorandum, within 7 days after service of the motion. Further briefing on the motion for leave is not permitted.
(4) A party who has been granted leave to file must subsequently file the memorandum with the court within 3 days of the order.
(c) Memorandum Form and Length.
(1) Form. A memorandum must comply with the formatting requirements of DUCivR 10-1.
(2) Length. Except as the court authorizes, a memorandum may be no more than 25 pages or 7,750 words. The court's order allowing a party's overlength motion or response does not affect the length of an amicus memorandum.
(d) Memorandum Contents.
(1) The memorandum must include the following sections:
(A) a statement of the identity of the amicus curiae and its interest in the case;
(B) a statement that indicates whether—
(i) a party's counsel authored the memorandum in whole or in part;
(ii) a party or a party's counsel contributed money to support preparing the memorandum; and
(iii) a person (other than the amicus curiae, its members, or its counsel) contributed money to support preparing the memorandum and the identity of each contributor;
(C) the disclosure statement required by Fed. R. Civ. P. 7.1(a) if the amicus curiae is a nongovernmental corporate entity;
(D) an argument, which may be preceded by an introduction or a statement of the appropriate legal standard; and
(E) a word count certification under DUCivR 7-1(a)(6)(C), if applicable.
(2) The memorandum may only argue for relief a party is seeking.
(e) Time for filing.
(1) Supporting the Moving Party. The amicus must file the motion for leave and amicus memorandum no later than 14 days after the moving party files its motion.
(2) Opposing the Moving Party. The amicus must file the motion for leave and amicus memorandum no later than 7 days after the response to the moving party's motion has been filed.
(3) Modifying the Filing Deadlines. Upon a showing of good cause and no unfair prejudice to any party, the court may modify these deadlines.
(f) Prohibiting or Striking an Amicus Memorandum.
The court may prohibit the filing or strike any amicus memorandum if:
(1) the memorandum would result in the judge's disqualification; or
(2) after review, the court determines that the memorandum merely restates the arguments of a party, is not useful in the determination of the case, is an effort by a party to circumvent the length limits of the local rules, otherwise violates these Rules, or for other good cause.
(g) Restrictions and Exceptions on Amicus Participation in the Case.
(1) Except as the court authorizes, an amicus curiae may not:
(A) file a reply or participate in oral argument; and
(B) otherwise participate in the case, including discovery and appearing at evidentiary hearings or trial.
(2) Section 7-6(g)(1) does not apply to a party who has been granted the right to intervene as a party, appointed to represent the interest of a party, or who is otherwise granted the right to participate in the case by other statute or rule.