Proposed 9th Cir. rules

Comments are invited on proposed revisions to the following Circuit Rules:

• Circuit Rules 29-1 through 29-3 (Amicus Curiae Briefs)

• Advisory Committee Note to Circuit Rule 32-1 (Form and Contents of Briefs) 

The revisions to Circuit Rules 29-1 through 29-3 would eliminate the filing of nongovernmental amicus curaie briefs by consent. Instead, any non-governmental amicus curaie brief will require a motion for leave to file and will only be filed with the permission of the Court. This change would allow the Court to manage potential recusal issues that could arise upon the filing of an amicus brief without permission of the Court before a merits or en banc panel is assigned to the case.

The revision to the Advisory Committee Note to Circuit Rule 32-1 would make clear that, by signing a brief as required by the Rule, an attorney or unrepresented party is attesting that they have reviewed and verified the contents of the brief, regardless of how the brief was prepared.

If ultimately approved by the Court, these rules would become effective no earlier than June 1, 2025. Please direct comments to Molly C. Dwyer, Clerk of Court, at Molly_Dwyer@ca9.uscourts.gov, and Susan V. Gelmis, Chief Deputy Clerk, at Susan_Gelmis@ca9.uscourts.gov.  Comments must be submitted no later than December 5, 2024.

See NLJ's Judges Support Proposed Rule Requiring Court's Approval to File Amicus Briefs -- Judge Sidney Thomas of the U.S. Court of Appeals for the Ninth Circuit said allowing an amicus brief to be filed based only on consent of the parties leads to recusal problems if the brief presents an ethical conflict for a judge.