The Advisory Committee on Appellate Rules proposed amendments to Federal Rule of Appellate Procedure 29 to provide direction to the public and the courts about what kinds of amicus briefs are favored and impose additional disclosure requirements for amicus curiae. The proposed amendments, as published for public comment, eliminated the option to file amicus curiae briefs upon consent of all parties, added a “purpose” clause directing courts to disfavor certain redundant briefs, and required additional disclosures regarding an amicus filer’s financial relationships with parties and non-parties.

AAJ filed a formal comment in January 2025 urging the Advisory Committee to restore the consent option for filing amicus briefs to save time and expense for parties and amici, avoid unnecessary motion practice, and respect the time of federal appellate court judges, clerks, and court staff.

 

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