When must an amicus supporting a party file a merits brief?

Identify the party actually supported by the proposed amicus brief.

Verify when that party’s principal brief was filed in the circuit.

Distinguish principal filing from service, receipt and reply-brief filing.

Confirm required consent or leave and any actual order permitting later filing.

1. Verify the filing event and scoped procedure.
2. Exclude the actual filing day.
3. Count seven calendar days.
4. Check the final-day calendar, inaccessibility and applicable directions.

Exclude the verified filing day and count every calendar day under FRAP 26(a)(1). If the final day is Saturday, Sunday or a legal holiday, carry to the next open day. Read actual orders and inaccessibility notices separately.

FRAP 26(a)(6) includes the listed federal holidays, holidays declared by the President or Congress, and for a period after an event, additional state holidays where the challenged district court or circuit clerk’s principal office is located. Check the actual court and state calendars. The national calculator does not infer additional holidays, inaccessibility or granted relief.

These scoped clocks run from filing rather than service. A service-dependent FRAP 26(c) addition does not attach merely because a copy was served.

Fictitious example

In a fictitious scoped appeal, the supported party’s principal brief is filed on July 6, 2026. Exclude July 6 and count seven calendar days. The final Monday is assumed open, with no additional state holiday, inaccessibility or different direction.

Fictitious dates. Assume the stated default applies and no extra holiday, inaccessibility or different direction. A calculated date does not establish permission or accepted filing.

Consent or leave on the merits

Under Rule 29(a)(2), the United States, its officer or agency, or a state needs neither consent nor leave. Another amicus needs leave or a brief stating all parties consented. The court may prohibit or strike a brief that would disqualify a judge.

Required motion

When leave is needed, Rule 29(a)(3) requires the proposed brief with a motion explaining the amicus interest, desirability and relevance. Rule 29(a)(6) requires the filing motion when necessary.

Length and supporting disclosures

Rule 29(a)(4) supplies contents and disclosures. Rule 29(a)(5) limits the brief to half the maximum principal-brief length authorized by the rules unless the court permits otherwise. A party’s individual length extension does not enlarge that amicus limit.

Later filing, reply and argument

Rule 29(a)(6) permits court-granted later filing with time for an opposing answer. Rule 29(a)(7)–(8) separately requires court permission for an amicus reply or oral argument.

• This guide does not infer consent, grant leave, identify a court-set date or establish electronic or paper filing acceptance.
• Check the circuit’s current local rules, actual orders and the specific appeal route.

• Verify the supported party and actual principal-brief filing.
• Establish the Rule 29(a)(2) consent or leave basis.
• Include the proposed brief and required leave motion when applicable.
• Check contents, disclosures, maximum length and any actual later-filing grant.
• File and separately serve the papers, preserving both events.
• FRAP 26(a)(4)(B) uses midnight in the circuit clerk’s principal-office time zone for electronic circuit filing. Ordinary paper filing requires clerk receipt and ends at scheduled office closure. Rule 25(a)(2)(A)(ii) separately permits timely dispatch of a nonelectronic brief by qualifying prepaid mail or a commercial carrier for delivery within three days. This exception does not automatically cover a separate leave motion or representation statement. Represented persons ordinarily file electronically. Confirm local directions, actual permission for paper filing, separate service and any inaccessibility.