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IV § 11 Brief of an Amicus Curiae

Part A: Practice and Procedure | Rule IV: Briefs

A brief of an amicus curiae shall be filed only by leave of court granted upon motion and notice to the parties. The amicus curiae brief shall be conditionally filed with the motion for leave. A motion for leave to file an amicus curiae brief must include consideration of and satisfaction of at least one of the following criteria:

A. amicus has an interest in some other case involving a similar question;

B. there are matters of fact or law that might otherwise escape the Court's attention; or

C. the amicus has substantial, legitimate interests that will likely be affected by the outcome of the case and which interests will not be adequately protected by those already party to the case.

A motion for leave to file an amicus curiae brief, and the conditionally filed amicus curiae brief, shall be filed within the time allowed for the filing of a brief by the party whose position as to affirmance or reversal the amicus brief will support. The motion for leave to file an amicus brief shall not exceed five (5) pages in length and the amicus curiae brief shall not exceed fifteen (15) pages in length.

No reply brief of an amicus curiae and no brief of an amicus curiae in support of a petition for rehearing shall be accepted.

The Clerk of Court shall be entitled to receive the filing fee set forth in Rule II for the filing of any motion for leave to file an amicus curiae brief in this Court. This fee shall not be assessed by the Clerk when the motion for leave is presented by the Attorney General for the State of Louisiana.