IN THE SUPREME COURT OF THE STATE OF OREGON
| In the Matter of the Adoption of Amendments to the Oregon Rules of Appellate Procedure |
) ) ) ) | Chief Justice Order No. 08-076 Amended |
ORDER ADOPTING TEMPORARY AMENDMENTS
Pursuant to ORAP 1.10(2), the Supreme Court and
Court of Appeals may, from time to time, adopt temporary amendments to the
Oregon Rules of Appellate Procedure. The Supreme Court by this order adopts temporary
amendments to Oregon Rule of Appellate Procedure 8.15. The amendments are set
out below with additions indicated in boldface and deletions indicated
in strikeout. The amendments adopted by this order are effective on
January 1, 2009, and shall expire on December 31, 2010, if not previously
adopted as permanent amendments.
The court, also by this order, waives enforcement of the version of the temporary amendment to ORAP 8.15 that was reflected in the original version of this order.
Rule 8.15
AMICUS CURIAE
(1) A person(1) may appear as amicus curiae in any case pending before the appellate court only by permission of the appellate court on written application setting forth the interest of the person in the case. The application shall state whether the applicant intends to present a private interest of its own or to present a position as to the correct rule of law that does not affect a private interest of its own. The application shall not contain argument on the resolution of the case.
(2) The application shall be submitted by an active member of the Oregon State Bar. A filing fee is not required. The form of the application shall comply with ORAP 7.10(1) and (2) and the applicant shall file the original and one copy of the application. A copy of the application shall be served on all parties to the proceeding.
(3) In the Court of Appeals, the application to appear amicus curiae may, but need not, be accompanied by the brief the applicant would file if permitted to appear. In the Supreme Court, the application shall be accompanied by the brief sought to be filed. The form of an amicus brief and the number of copies of the brief shall be subject to the same rules as those governing briefs of parties.(2)
(4) In the Court of Appeals, unless the court grants leave otherwise for good cause shown, an amicus brief shall be due seven days after the date the brief is due of the party with whom amicus curiae is aligned or, if amicus curiae is not aligned with any party, seven days after the date the opening brief is due.
(5) With respect to review cases
in the Supreme Court on petition for review from the Court of Appeals:
(a) A person wishing to appear amicus curiae may seek to appear in support of or in opposition to a petition for review, on the merits of the case on review, or both.
(b) Unless the court grants leave otherwise for good cause shown, an application to appear amicus curiae in support of or in opposition to a petition for review shall be filed within 14 days after the filing of a petition for review.
(c) Unless the court grants leave otherwise for good cause shown, an application to appear amicus curiae on the merits of a case on review shall be filed:
(i) On the date the brief is due of the party on review with whom amicus curiae is aligned,
(ii) On the date the brief of petitioner on review is due, if amicus curiae is not aligned with any party on review,(3) or
(iii) Within 28 days after review is allowed, if petitioner on review has filed a notice that petitioner does not intend to file a brief on the merits or has filed no notice, regardless of the alignment of amicus curiae.
(d) If a person filing an application to appear amicus curiae wishes to file one brief in support of or in opposition to a petition for review and on the merits of the case, the application and brief shall be filed within the same time that an application to appear in support of or in opposition to a petition for review would be filed. If a person has been granted permission to appear amicus curiae in support of or in opposition to a petition for review and the Supreme Court allows review, the person may file an amicus curiae brief on the merits without further leave of the court.
(6) (e) If
a party obtains an extension of time to file a petition for review, a response
to a petition for review or a brief on the merits and if an amicus curiae
brief was due on the same date as the petition, response or brief on the
merits, the time for filing the amicus curiae brief is automatically
extended to the same date.
(6) Except as provided in ORAP 11.30(8), with respect to cases in the Supreme Court on direct review or direct appeal, or other proceedings not subject to subsection (5), amicus curiae briefs shall be due as provided in subsection (4) of this rule.
(7) Amicus curiae may file a memorandum of additional authorities under the same circumstances that a party could file a memorandum of additional authorities under ORAP 5.85.
(8) Amicus curiae shall not be allowed to orally argue the case, unless the court specifically authorizes or directs oral argument.(4)
(9) The State of Oregon may appear as amicus
curiae in any case in the Supreme Court and Court of Appeals without
permission of the court. The state shall comply with all the requirements for
appearing amicus curiae, including the time within which to appear under
subsections (4) and,
(5), and (6) of this rule. If the state is not aligned with any party,
the state's amicus curiae brief shall be due on the same date as the
respondent's brief.
1. As used in this rule, "person" includes an organization.
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2. See ORAP 5.05 to 5.30, ORAP 5.52, ORAP 5.77, ORAP 5.95, ORAP 9.10, and ORAP 9.17 concerning requirements for briefs.
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3. See ORAP 9.17 concerning the due dates of briefs on review.
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4. See ORAP 6.10 concerning oral argument.
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DATED this 7th day of January, 2009.
Paul J. De Muniz,
Chief Justice
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