(a) When permitted. An amicus curiae may file a brief only by leave of court, but
the court ordinarily will deny leave to file an amicus brief when, by reason of a relationship
between the assigned judge and the amicus curiae or its counsel, the filing of the brief might
cause the recusal of the assigned judge.
(b) Motion for Leave to File. An amicus curiae shall file a motion for leave to file
an amicus brief in CM/ECF, or via MFT found on the court’s website if the filer is not admitted
to NDNY, which shall concisely state the nature of the movant's interest, identify the party or
parties supported, set forth why an amicus brief would be helpful to the Court, and why the
matters asserted are relevant to the disposition of the case. The brief and a proposed order shall
be attached as exhibits to the motion for leave to file. If the amicus curiae is a corporation, a
disclosure statement like that required of parties by Fed. R. Civ. P. 7.1 shall also accompany the
motion.
(c) Time for Filing. An amicus curiae shall file its motion for leave to file an amicus
brief no later than 7 days after the principal brief of the party being supported is filed unless the
amicus curiae makes a showing of good cause as to why the motion could not have been filed
within said 7 days. An amicus curiae who does not support either party must file its motion for
leave to file an amicus brief no later than 7 days after the moving party files its principal brief
unless the amicus curiae makes a showing of good cause as to why the motion could not have
been filed within said 7 days. A certificate of service via regular mail on all pro se litigants shall
be filed with the motion.
(d) Contents and Form. An amicus brief shall be no more than twelve (12) pages in
length, double-spaced, shall contain a table of contents and numbered pages, and shall meet the
requirements of Local Rule 10.1(a). In addition, unless the amicus curiae is the United States or
its officer or agency or a state, the amicus brief shall contain a statement indicating whether (1) a
party's counsel authored the brief in whole or in part; (2) a party or a party's counsel contributed
money that was intended to fund preparing or submitting the brief; and (3) 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) Oral Argument. Amicus curiae shall not be permitted oral argument unless leave
is granted by the Court.
