Rule 12-320. Amicus curiae.

A. Leave to file. A brief of an amicus curiae may be filed only on order of the appellate court. A motion for leave to file an amicus brief shall identify the interest of the prospective amicus curiae and shall state the reasons why a brief of an amicus curiae would assist the Court. The brief shall be conditionally filed with the motion for leave, unless otherwise ordered by the Court. An amicus brief should bring to the attention of the appellate court relevant matters that are not covered in the briefs of the parties. Motion practice under this rule shall be conducted in accordance with Rule 12-309 NMRA unless otherwise specified in this rule. The Court may act on a motion for leave to file an amicus brief prior to the filing of any response. If the Court permits an amicus curiae to participate, the brief that amicus curiae conditionally filed with the motion is deemed filed, and amicus curiae shall not file or serve a duplicate copy of the amicus brief. B. Oral argument. The party whose position is supported by amicus curiae may share with an amicus the party’s allotted time for oral argument. No additional time shall be granted except by leave of Court. C. Disclosure. A brief filed under this rule shall indicate whether counsel for a party authored the brief in whole or in part and whether that counsel or a party made a monetary contribution intended to fund the preparation or submission of the brief, and shall identify every person other than the amicus curiae, its members, or its counsel, who made the monetary contribution. The disclosure shall be made in a footnote on the first page of the text. D. Direct appeals and cases in which discretionary review has been granted. Amicus participation in direct appeals and cases in which discretionary review has been granted shall proceed according to Paragraphs A through C of this rule and the following requirements. (1) Notice. A prospective amicus curiae shall ensure that parties receive notice of the intention to file a motion and brief at least fourteen (14) days prior to the due date of the motion and brief. The body of the brief of the amicus curiae shall indicate that all parties received timely notice of the intent to file the brief. (2) Briefing schedule. Unless otherwise ordered by the appellate court, (a) a prospective amicus curiae shall file its motion and brief within seven (7) days after the due date of the principal brief of the party whose position it supports; (b) an opposing party shall file any response to an amicus brief supporting the appellant or petitioner within forty-five (45) days after the appellate court grants amicus curiae leave to participate; (c) an opposing party shall file any response to an amicus brief supporting the appellee or respondent within twenty (20) days after the appellate court grants amicus curiae leave to participate; and (d) an amicus curiae is not permitted to file a reply without leave of the appellate court, which may be granted upon a showing of good cause. (3) Form. A brief of an amicus curiae shall comply with the length limitations for a brief in chief and shall otherwise comply with the formatting requirements of Rules 12-305 and 12-318 NMRA. E. Other proceedings. The appellate court may permit an amicus curiae to assist the court in determining whether to grant a request for discretionary review or extraordinary relief, such as an application for interlocutory appeal under Rule 12-203 NMRA, a petition for a writ of certiorari under Rule 12-502 NMRA, or a petition for an extraordinary writ under Rule 12-504 NMRA. Amicus participation under this paragraph shall proceed according to Paragraphs A through C of this rule. A brief under this paragraph shall comply with any length or formatting requirements that apply to the corresponding submission.