Some FRAP 29 amendments move forward

Bloomberg Law has Amicus Disclosure Rule Gets Judiciary Panel’s Final Approval and Law360 has Judiciary Panel Advances New Rules On Amici, AI, Subpoenas

Federal Rule of Appellate Procedure 29: Amicus Briefs -- One of the most prominent and controversial rules on Tuesday's agenda emerged from the Advisory Committee on Appellate Rules, which spent nearly six years exploring a major overhaul of the process for filing amicus briefs in circuit courts, only to retreat amid outcry and the prospect of legal challenges. The outcry appeared consistently in over 400 comment letters regarding the elaborate amendments to Rule 29. Criticism emanated from both the defense and plaintiff bars, which locked arms in opposition to a proposed requirement that nongovernmental amici obtain court permission before filing briefs — a break with the existing practice of allowing amicus briefs when litigants consent, which they typically do as a matter of course. "The public spoke with one voice about the proposed elimination of the consent option: Don't do it," U.S. Circuit Judge Allison H. Eid of the Tenth Circuit, chair of the appellate rules panel, said Tuesday. ... The upshot is that Rule 29's final version — approved Tuesday by the Standing Committee — does not contain many new proposals for enhanced transparency. And "in one respect, it reduces the current disclosure requirements by setting a $100 de minimis threshold" for disclosure of contributions earmarked for amicus briefs, the appellate advisory panel said in a report. The revised Rule 29 will, however, force new members of amicus entities — members who joined in the past year — to disclose earmarks.