R. 1:13-9. — Amicus Curiae; Motion; Grounds for Relief; Briefs

a. An application for leave to appear as amicus curiae in any court shall be made by motion in the cause stating with specificity the identity of the applicant, the issue intended to be addressed, the nature of the public interest therein and the nature of the applicant's special interest, involvement or expertise in respect thereof. The movant shall identify on the cover of the proposed amicus brief which party or parties to the litigation the amicus supports or, if the movant’s position is not aligned with any party, indicate whether it suggests affirmance or reversal. The court shall grant the motion if it is satisfied under all the circumstances that the motion is timely, the applicant's participation will assist in the resolution of an issue of public importance, and no party to the litigation will be unduly prejudiced thereby. The order granting the motion shall define with specificity the permitted extent of participation by the amicus and shall, where appropriate, fix a briefing schedule.

b. Briefs filed by an amicus curiae in any court shall comply with all applicable rules.

c. Except as provided in subsection (f), motions for leave to appear as an amicus curiae in the Appellate Division shall be accompanied by the proposed amicus curiae brief and shall be filed on or before the day when the last brief is due from any party.

d. An amicus curiae who has been granted leave to appear in a cause may, without seeking further leave:

1. file a brief in an appeal taken to any court except the Supreme Court from a final judgment or appealable interlocutory order, provided that the brief is filed on or before the day on which the last brief is due from any party;

2. file a brief in support of or in opposition to a motion for leave to appeal, provided that the brief is filed on or before the day on which the last brief is due from any party;

3. file a brief in the Supreme Court in support of or in opposition to a petition for certification, provided that the brief is filed on or before the day on which the last brief is due from any party; and

4. file a brief of no more than thirty (30) pages on the merits after the Supreme Court has granted a petition for certification or a motion for leave to appeal, or after a notice of appeal has been filed, provided that the brief is filed in compliance with the time frames fixed in subsection (e) of this Rule.

e. An amicus curiae who has not been granted leave to appear in a cause may file a motion for leave to appear in the Supreme Court in connection with a petition for certification, a motion for leave to appeal, or an appeal, provided that the motion is accompanied by the proposed amicus curiae brief.

1. Time for Motions and Briefs; Supreme Court. Except as provided in Subsection (f) of this Rule, motions for leave to appear as an amicus curiae in the Supreme Court in connection with a petition for certification or a motion for leave to appeal shall be filed on or before the day on which the last brief is due from any party. Motions for leave to appear as an amicus curiae in connection with an appeal shall be filed within ten (10) days after the filing of the respondent’s merits brief. Motions to extend or relax the time for filing an amicus motion or brief will not be accepted.

2. Time for Answers to Motions. For motions filed in connection with a petition for certification or a motion for leave to appeal, the parties may file an answer opposing amicus participation within ten (10) days of the filing of an amicus motion. In appeals, a party may forgo an answer opposing amicus participation and instead respond to the merits of the proposed amicus brief in appellant’s reply brief or respondent’s brief on the merits of the amicus submission, filed pursuant to R. 2:6-11(a)(2). If a party instead seeks to oppose an amicus motion, the party may file an answer in opposition to the motion at the same time that the party files its brief responsive to the merits of the proposed amicus brief, pursuant to Rule 2:6-11(a)(2).

f. In the event that the Supreme Court, or the Appellate Division, has directed the parties to submit briefs in accordance with an accelerated schedule, an amicus curiae shall file its motion for leave to appear, accompanied with its brief, in compliance with the time frames fixed in the accelerated schedule, or, if the schedule is silent as to the deadline for filing amicus briefs, on or before the date fixed for the last brief due from any party.