Rule 48 Parties Appearing Amicus Curiae on Cross-motions for Summary Judgment and Other Proceedings
Rule Text
A Amicus Curiae Applications Generally. An individual or an organization may appear amicus curiae only by permission from the court on a written application setting forth the interest of the individual or organization in the case. The application must state whether the applicant intends to present a private interest of its own or to present a position as to the correct rule of law that does not affect a private interest of its own. The application must not contain argument on the resolution of the case.
B Submission; Fee; Form of Application; Service. The application must be submitted by an active member of the Oregon State Bar. A filing fee is not required. The form of the application must comply with TCR 16. The individual or organization seeking to appear amicus curiae must serve a copy of the application on all parties to the proceeding.
C Amicus Briefs; Form of Briefs. The application must be accompanied by the brief sought to be filed. The form of an amicus brief must be subject to the same rules as those governing briefs of parties.³ If, consistently with this rule, a brief is submitted with the application, then:
C(1) Application Granted. If the court grants the application, the date of filing for the brief relates back to the date of filing for the application; or
C(2) Application Denied. If the court denies the application, the court will strike the brief.
D Time for Filing Amicus Briefs on Cross-Motions for Summary Judgment. Unless the court grants leave otherwise for good cause shown, an amicus brief on cross-motions for judgment will be due seven days after the date the brief is due of the party with whom amicus curiae is aligned or, if amicus curiae is not aligned with any party, seven days after the date the opening brief is due. Responses to the amicus brief will be due 21 days after the due date for the amicus brief. If a party obtains an extension of time to file a brief and the amicus curiae is aligned with that party, the time for filing the amicus brief is automatically extended to seven days following the extended due date.
E Amicus Briefs in Matters Scheduled for Trial. Amicus briefs will generally be allowed only on cross-motions for summary judgment. On matters to be tried, the court will consider applications for amicus curiae.
F Oral Argument. Amicus curiae will not be allowed to orally argue the case, unless the court specifically authorizes or directs oral argument.⁴