General Orders of Division I

In re the Manner of Disposition of Motions to File Amicus Curiae Briefs - 2015

    In accord with RAP 10.6(e), effective immediately, IT IS HEREBY ORDERED:

    (1) RAP 10.2, 10.4, 10.6, 12.4, 18.5 and 18.6 generally govern the disposition of motions to file amicus curiae briefs and memoranda. An applicant who wishes to file an amicus curiae brief not requested by the appellate court must file a motion seeking permission to file the brief not later than 45 days after the due date for the last brief of respondent permitted under rule 10.2(b), unless the court allows a later date upon a showing of particular justification by the applicant. An applicant who wishes to file an amicus curiae memorandum as provided by RAP 12.4(i) must file a motion seeking permission to file the memorandum not later than 5 days after the motion for reconsideration has been filed by a party to the appeal, unless the court allows a later date upon a showing of particular justification by the applicant. In all cases, the amicus curiae brief or memorandum, together with proof of service as required by RAP 10.2, 18.5 and 18.6, must accompany the motion.

    (2) When the case has been set for oral argument before a panel of the court when a motion to file an amicus curiae brief is filed, that panel will rule on the motion. Neither a party nor the applicant may file a motion for reconsideration of the panel’s ruling on the motion. Similarly, a motion to file an amicus curiae memorandum will be decided by the panel that issued the opinion for which reconsideration is being sought. Neither a party nor the applicant may file a motion for reconsideration of the panel’s ruling on the motion.

    (3) When the case has not yet been set for oral argument before a panel of the court when the motion to file amicus curiae brief is filed, the motion will initially be decided by a commissioner of the court under the rules governing motion practice in Title 17 of the Rules of Appellate Procedure. The commissioner’s ruling is subject to modification only as provided in RAP 17.7.

    (4) Motions to file amicus curiae briefs will not ordinarily be granted for cases that have been referred to a panel of judges for decision without oral argument, unless the court, on its own motion or the motion of a party, also directs the clerk/court administrator to transfer the case to an oral argument calendar.

    Dated this 10th day of June, 2015.

    Michael S. Spearman, Chief Judge