Larry Ebner Proposes Elimination of Amicus Consent/Permission Requirement In Federal Courts of Appeals

February 17, 2023

On behalf of the DRI Center for Law and Public Policy, Larry Ebner, who chairs the Center, has submitted a letter to the U.S. Judicial Conference’s Committee on Rules of Practice and Procedure recommending that Fed. R. App. P. 29(a) be amended to eliminate the requirement to obtain the parties’ consent, or the court’s permission, for filing amicus briefs in federal courts of appeals. The Center’s recommendation follows the recent elimination of the corresponding requirement in the Supreme Court.

Larry’s  proposal follows his widely read Law360 op-ed  on the same subject.  See also the Ohio Appellate Insights article written by Brad Hughes of Porter Wright in Columbus, Ohio.