Brief of an Amicus Curiae

(a) DURING THE INITIAL CONSIDERATION OF A CASE ON THE MERITS. (1) Applicability. This subdivision (a) governs amicus filings during a court’s initial consideration of a case on the merits. (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 or if the brief states that all par- ties have consented to its filing, but a district court or BAP may prohibit the filing of or may strike an amicus brief that would result in a judge’s disqualification. On its own, and with notice to all parties to an appeal, the district court or BAP may request a brief by an amicus curiae. (3) Motion for Leave to File. A motion for leave must be ac- companied by the proposed brief and state: (A) the movant’s interest; and (B) the reason why an amicus brief is desirable and why the matters asserted are relevant to the disposition of the appeal. (4) Content and Form. An amicus brief must comply with