When must a merits amicus supporting neither party file?

Confirm that the amicus supports neither party in the merits proceeding.

Establish actual filing of the appellant’s or petitioner’s principal brief.

Do not use the appellee’s brief, principal-brief service or a party’s reply filing.

Read the consent or leave basis and any actual later-filing directions.

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 appellant’s or petitioner’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.

Neutral merits permission

Rule 29(a)(2) permits the United States, its officer or agency, or a state without consent or leave. Another neutral merits amicus needs leave or a brief stating all parties consented, subject to the disqualification restriction.

Motion and proposed brief

A required Rule 29(a)(3) motion accompanies the proposed brief and explains the amicus interest, desirability and relevance.

Merits contents and length

Read Rule 29(a)(4) contents and disclosures and Rule 29(a)(5) half-length rule. An individual party’s length extension does not enlarge the amicus limit.

Later filing and other participation

Actual leave under Rule 29(a)(6) can permit later filing and specify an opposing answer. A reply brief and oral argument separately require court permission under Rule 29(a)(7)–(8).

• 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.

• Confirm the neutral merits role.
• Verify the appellant’s or petitioner’s principal-brief filing.
• Establish consent or actual court leave and attach a required motion.
• Check contents, disclosures and length against Rule 29(a).
• Preserve filing and service evidence and any actual later-filing order.
• 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.