This text of Fed. R. Bankr. P. 8015 (In addition, the cover must identify the party or parties supported and indicate whether the brief supports af- firmance or reversal. If an amicus curiae is a corporation, the brief must include a disclosure statement like that required of parties by Rule 8012. An amicus brief need not comply with Rule 8014, but must include the following: (A) a table of contents, with page references; (B) a table of authorities—cases (alphabetically ar- ranged), statutes, and other authorities—with references to the pages of the brief where they are cited; (C) a concise statement of the identity of the amicus cu- riae, its interest in the case, and the source of its author- ity to file; (D) unless the amicus curiae is one listed in the first sen- tence of (2), a statement that indicates whether:) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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(i)a party’s counsel authored the brief in whole or in
part;
(ii)a party or a party’s counsel contributed money
that was intended to fund preparing or submitting the
brief; and
(iii)a person—other than the amicus curiae, its
members, or its counsel—contributed money that was
intended to fund preparing or submitting the brief and,
if so, identifies each such person;
(E)an argument, which may be preceded by a summary
and need not include a statement of the applicable stand-
ard of review; and
(F)a certificate of compliance, if required by Rule
8015(h).
(5)Length. Except by the district court’s or BAP’s permis-
sion, an amicus brief must be no more than one-half the maxi-
mum length authorized by these rules for a party’s principal
brief. If the court grants a party permission to file
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(i) a party’s counsel authored the brief in whole or in
part;
(ii) a party or a party’s counsel contributed money
that was intended to fund preparing or submitting the
brief; and
(iii) a person—other than the amicus curiae, its
members, or its counsel—contributed money that was
intended to fund preparing or submitting the brief and,
if so, identifies each such person;
(E) an argument, which may be preceded by a summary
and need not include a statement of the applicable stand-
ard of review; and
(F) a certificate of compliance, if required by Rule
8015(h).
(5) Length. Except by the district court’s or BAP’s permis-
sion, an amicus brief must be no more than one-half the maxi-
mum length authorized by these rules for a party’s principal
brief. If the court grants a party permission to file a longer
brief, that extension does not affect the length of an amicus
brief.
(6) Time for Filing. An amicus curiae must file its brief—ac-
companied by a motion for leave to file when required—within
7 days after the principal brief of the party being supported is
filed. An amicus curiae that does not support either party
must file its brief within 7 days after the appellant’s principal
brief is filed. The district court or BAP may grant leave for
later filing, specifying the time within which an opposing
party may answer.
(7) Reply Brief. Except by the district court’s or BAP’s per-
mission, an amicus curiae may not file a reply brief.
(8) Oral Argument. An amicus curiae may participate in oral
argument only with the district court’s or BAP’s permission.
(b) DURINGCONSIDERATIONOFWHETHERTOGRANTREHEARING.
(1) Applicability. This subdivision (b) governs amicus filings
during a district court’s or BAP’s consideration of whether to
grant rehearing, unless a local rule or order in a particular
case provides otherwise.
(2) When Permitted. The United States, its officer or agency,
or a state may file an amicus brief without the parties’ con-
sent or leave of court. Any other amicus curiae may file a
brief only by leave of court.
(3) Motion for Leave to File. Paragraph (a)(3) applies to a mo-
tion for leave to file.
(4) Content, Form, and Length. Paragraph (a)(4) applies to the
amicus brief. The brief must include a certificate under Rule
8015(h) and not exceed 2,600 words.
(5) Time to File. An amicus curiae supporting a motion for re-
hearing or supporting neither party must file its brief—accom-
panied by a motion for leave to file when required—within 7
days after the motion is filed. An amicus curiae opposing the
motion for rehearing must file its brief—accompanied by a
motion for leave to file when required—no later than the date
set by the court for the response.
(Added Apr. 25, 2014, eff. Dec. 1, 2014; amended Apr. 26, 2018, eff.
Dec. 1, 2018; Apr. 2, 2024, eff. Dec. 1, 2024.)
. Serving and Filing Briefs and Appendices
(a) TIME TO SERVE AND FILE A BRIEF. Unless the district court
or BAP by order in a particular case excuses the filing of briefs or
sets a different time, the following time limits apply:
(1) Appellant’s Brief. The appellant must serve and file a brief
within 30 days after the docketing of notice that the record
has been sent or that it is available electronically.
(2) Appellee’s Brief. The appellee must serve and file a brief
within 30 days after the appellant’s brief is served.
(3) Appellant’s Reply Brief. The appellant may serve and file
a reply brief within 14 days after service of the appellee’s brief
but at least 7 days before scheduled argument—unless the dis-
trict court or BAP, for cause, allows a later filing.
(4) Consequence of Failure to File. If an appellant fails to file
a brief on time or within an extended time authorized under
(a)(3), the district court or BAP may—on its own after notice
or on the appellee’s motion—dismiss the appeal. An appellee
who fails to file a brief will not be heard at oral argument un-
less the district court or BAP grants permission.
(b) DUTYTOSERVEANDFILEANAPPENDIX.
(1) Appellant’s Duty. Subject to (e) and Rule 8009(d), the ap-
pellant must serve and file with its principal brief an appendix
containing excerpts from the record. It must contain:
(A) the relevant docket entries;
(B) the complaint and answer, or equivalent filings;
(C) the judgment, order, or decree from which the appeal
is taken;
(D) any other orders, pleadings, jury instructions, find-
ings, conclusions, or opinions relevant to the appeal;
(E) the notice of appeal; and
(F) any relevant transcript or portion of it.
(2) Appellee’s Appendix. The appellee may serve and file with
its brief an appendix containing any material that is required
to be included or is relevant to the appeal or cross-appeal but
that is omitted from the appellant’s appendix.
(3) Cross-Appellee’s Appendix. The appellant—as cross-appel-
lee—may also serve and file with its response an appendix con-
taining material that is relevant to matters raised initially by
the cross-appeal but that is omitted by the cross-appellant.
(c) FORMATOFTHEAPPENDIX.
(1) Content. The appendix must:
(A) begin with a table of contents identifying the page at
which each part begins;
(B) put the relevant docket entries after the table of con-
tents;
(C) then put other parts of the record chronologically;
(D) when transcript pages are included, show the tran-
script page numbers in brackets immediately before the
included pages; and
(E) indicate omissions from the text of a document or of
the transcript by asterisks.
(2) Immaterial Formal Matters. The appendix should not in-
clude immaterial formal matters, such as captions, subscrip-
tions, and acknowledgments.
(d) REPRODUCING EXHIBITS. Exhibits designated for inclusion in
the appendix may be reproduced in a separate volume or volumes,
suitably indexed.
(e) APPEAL ON THE ORIGINAL RECORD WITHOUT AN APPENDIX. The
district court or BAP may, either by rule for all cases or classes
of cases or by order in a particular case:
(1) dispense with the appendix; and
(2) permit an appeal to proceed on the original record with
the submission of any relevant parts that the district court or
BAP orders the parties to file.
(Added Apr. 25, 2014, eff. Dec. 1, 2014; amended Apr. 2, 2024, eff. Dec.
1, 2024.)