BRIEF OF AN AMICUS CURIAE

(a) Grounds for Filing. A brief of an amicus curiae may be filed only by leave of the appropriate appellate court, except that leave shall not be required when the brief is presented by the state and sponsored by the Attorney General or by a guardian ad litem who is not otherwise a party to the appeal. A motion for leave shall demonstrate that (1) amicus has an interest in some other case involving a similar question; or (2) counsel for a party is inadequate or the brief insufficient; or (3) there are matters of fact or law that may otherwise escape the court's attention; or (4) the amicus has substantial legitimate interests that will likely be affected by the outcome of the case and which interests will not be adequately protected by those already parties to the case. (b) How and When Filed. A motion for leave to file an amicus brief shall be filed no later than seven (7) days after filing of the initial brief of the party whose position the amicus brief will support. The motion must be accompanied by the proposed brief of amicus curiae which shall be a concise statement not to exceed 15 pages. The party filing the motion shall also file with the motion a brief stating why the motion satisfies the requirements of Rule 29(a). (c) Response to Motion. An opposing party who does not object to the motion for leave may respond to the amicus brief in the opposing party's response or reply brief pursuant to Rule 28(c) or 28(d). An opposing party who objects to the motion for leave shall file a response in opposition within seven (7) days pursuant to Rule 27 stating why the requirements of Rule 29(a) have not been met. For the purpose of Rule 31(a), the time for filing the next brief will run from the date the appropriate court enters an order on the motion for leave. (d) Oral Argument. A motion of amicus curiae to participate in oral argument will be granted only for extraordinary reasons. [Adopted to govern matters filed on or after January 1, 1995; amended effective June 27, 2002; amended effective August 2, 2012.] Advisory Committee Historical Note Effective June 27, 2002, Rule 29(c) was amended to provide that a party has 7 days to file a response in opposition to a motion to file an amicus curiae brief. 822-823 So.2d XIX (West Miss.Cases 2002). Effective January 1, 1995, Miss.R.App.P. 29 replaced Miss.Sup.Ct.R. 29, embracing proceedings in the Court of Appeals. 644-647 So.2d LXVII-LXIX (West Miss.Cases 1994). Effective July 1, 1994, the Comment to Miss.Sup.Ct.R. 29 was amended to effect technical changes. 632-635 So.2d LII (West Miss.Cases 1994). [Adopted August 21, 1996.] Comment