Rule 31 Brief and Oral Argument of an Amicus Curiae

(a) Leave or Request of Court Necessary. A brief of an amicus curiae may be filed only by leave of court granted on motion or at the request of the appellate court. A motion for leave shall identify the interest of the applicant and shall state how a brief of an amicus curiae will assist the appellate court. The brief shall be conditionally filed with the motion for leave.

(b) Form; Time; Conditions. A brief of an amicus curiae shall follow the form prescribed for the brief of an appellee. An amicus curiae shall file its brief, accompanied by a motion for leave to file, no later than 7 days after the brief of the party being supported has been filed. An amicus curiae that does not support either party shall file its brief and motion for leave to file no later than 7 days after the appellant’s brief has been filed. If an appellant serves and files its brief with its application for permission to appeal as permitted under Rule 11(b), an amicus curiae supporting the appellant shall file its brief no later than 7 days after the appellant has filed its supplemental brief as permitted under Rule 11(f) or, if the appellant elects not to file a supplemental brief, the amicus curiae shall file its brief no later than 7 days after the appellant files notice of its election not to file a supplemental brief as required under Rule 11(f). Consistent with Tenn. R. App. P. 21(b), for good cause shown the appellate court may enlarge the time to file the motion for leave and accompanying brief, specifying the time within which an opposing party may respond.

(c) Oral Argument. An amicus curiae may participate in oral argument only by leave of court granted on motion or at the request of the appellate court.

(d) Costs of Amicus Curiae Filing. The court in its discretion may assess the costs of filing the motion for leave to file an amicus curiae brief and all related filings against the amicus curiae, to be paid to the Appellate Court Clerk at the time of entry of the order granting or denying the motion.