(1) A brief may be filed by amicus curiae in cases before the Court on the merits. The brief shall be filed only with the consent of all parties or upon order of the Court. If the brief is filed with the consent of all parties, a certificate of consent must accompany the brief. The certificate of consent must be signed by the filing attorney, attesting that all parties have consented to the filing of a brief. The brief shall only be filed if presented for filing within the time allowed for the filing of the brief of the party supported, or if filed upon order of the court within such time as the court may allow.

(2) If consent to the filing of a brief by amicus curiae is refused by a party to the case, a motion for leave to file may be filed with the Court. The motion for leave to file shall concisely state the nature of the applicant's interest, set forth facts or questions of law that have not been, or reasons for believing that they will not adequately be, presented by the parties, and their relevancy to the disposition of the case. The motion shall not exceed five pages. The brief shall be conditionally filed with the motion for leave. A party may file an objection to the filing of a brief of an amicus curiae concisely stating the reasons for withholding consent.

(3) Consent to the filing of a brief of an amicus curiae need not be had when the brief is presented by the attorney general or by a state entity authorized by law to appear on its own behalf.

(4) All briefs filed by amicus curiae shall conform to Rule 84.04 and 84.06 and shall be accompanied by proof of service.

(5) Amicus suggestions on motions for rehearing or transfer shall not be filed.

(6) Amicus curiae shall not be permitted oral argument unless leave is granted by the Court.

(Adopted and effective July 27, 1992. Amended and effective Dec. 18, 2003; Rule number converted from Roman numeral; eff. Feb. 22, 2018; amended Aug. 26, 2021, effective Jan. 1, 2022.)