Florida Appellate Rule 9.370
RULE 9.370. AMICUS CURIAE
(a) When Permitted. An amicus curiae may file a brief only
by leave of court. A motion for leave to file must state the movant’s
interest, the particular issue to be addressed, how the movant can
assist the court in the disposition of the case, and whether all
parties consent to the filing of the amicus brief.
(b) Contents and Form. An amicus brief must comply with
rule 9.210(b) but shall omit a statement of the case and facts and
may not exceed 5,000 words if computer-generated or 20 pages if
handwritten or typewritten. The cover must identify the party or
parties supported. An amicus brief must include a concise
statement of the identity of the amicus curiae and its interest in the
case.
(c) Time for Service. An amicus curiae must serve its brief
no later than 10 days after the first brief, petition, or response of
the party being supported is filed. An amicus curiae that does not
support either party must serve its brief no later than 10 days after
the initial brief or petition is filed. A court may grant leave for later
service, specifying the time within which an opposing party may
respond. The service of an amicus brief does not alter or extend the
briefing deadlines for the parties. An amicus curiae may not file a
reply brief. Leave of court is required to serve an amicus brief in
support of or opposition to a motion for rehearing, rehearing en
banc, or for certification to the supreme court.
(d) Notice of Intent to File Amicus Brief in the Supreme
Court of Florida. When a party has invoked the discretionary
jurisdiction of the supreme court, an amicus curiae may file a
notice with the court indicating its intent to seek leave to file an
amicus brief on the merits should the court accept jurisdiction. The
notice shall state briefly why the case is of interest to the amicus
curiae, but shall not contain argument. The body of the notice shall
not exceed 250 words if computer-generated or 1 page if
handwritten or typewritten.
Committee Notes
1977 Amendment. This rule replaces former rule 3.7(k) and
expands the circumstances in which amicus curiae briefs may be
filed to recognize the power of the court to request amicus curiae
briefs.
2008 Amendment. Subdivision (d) was added to establish a
procedure for an amicus curiae to expeditiously inform the supreme
court of its intent to seek leave to file an amicus brief on the merits
should the court accept jurisdiction. This rule imposes no
obligation on the supreme court to delay its determination of
jurisdiction. Thus, an amicus curiae should file its notice as soon
as possible after the filing of the notice to invoke discretionary
jurisdiction of the supreme court. The filing of a notice under
subdivision (d) is optional and shall not relieve an amicus curiae
from compliance with the provisions of subdivision (a) of this rule if
the court accepts jurisdiction.
(a) When Permitted. An amicus curiae may file a brief only
by leave of court. A motion for leave to file must state the movant’s
interest, the particular issue to be addressed, how the movant can
assist the court in the disposition of the case, and whether all
parties consent to the filing of the amicus brief.
(b) Contents and Form. An amicus brief must comply with
rule 9.210(b) but shall omit a statement of the case and facts and
may not exceed 5,000 words if computer-generated or 20 pages if
handwritten or typewritten. The cover must identify the party or
parties supported. An amicus brief must include a concise
statement of the identity of the amicus curiae and its interest in the
case.
(c) Time for Service. An amicus curiae must serve its brief
no later than 10 days after the first brief, petition, or response of
the party being supported is filed. An amicus curiae that does not
support either party must serve its brief no later than 10 days after
the initial brief or petition is filed. A court may grant leave for later
service, specifying the time within which an opposing party may
respond. The service of an amicus brief does not alter or extend the
briefing deadlines for the parties. An amicus curiae may not file a
reply brief. Leave of court is required to serve an amicus brief in
support of or opposition to a motion for rehearing, rehearing en
banc, or for certification to the supreme court.
(d) Notice of Intent to File Amicus Brief in the Supreme
Court of Florida. When a party has invoked the discretionary
jurisdiction of the supreme court, an amicus curiae may file a
notice with the court indicating its intent to seek leave to file an
amicus brief on the merits should the court accept jurisdiction. The
notice shall state briefly why the case is of interest to the amicus
curiae, but shall not contain argument. The body of the notice shall
not exceed 250 words if computer-generated or 1 page if
handwritten or typewritten.
Committee Notes
1977 Amendment. This rule replaces former rule 3.7(k) and
expands the circumstances in which amicus curiae briefs may be
filed to recognize the power of the court to request amicus curiae
briefs.
2008 Amendment. Subdivision (d) was added to establish a
procedure for an amicus curiae to expeditiously inform the supreme
court of its intent to seek leave to file an amicus brief on the merits
should the court accept jurisdiction. This rule imposes no
obligation on the supreme court to delay its determination of
jurisdiction. Thus, an amicus curiae should file its notice as soon
as possible after the filing of the notice to invoke discretionary
jurisdiction of the supreme court. The filing of a notice under
subdivision (d) is optional and shall not relieve an amicus curiae
from compliance with the provisions of subdivision (a) of this rule if
the court accepts jurisdiction.