New Commercial Division Rule Regarding Amicus Briefs

On May 13, 2025, the Chief Administrative Judge added a new Rule 23 to the Commercial Division Rules providing for the filing of amicus briefs. The rule sets forth the procedure for seeking permission to file an amicus brief in the Commercial Division as well as criteria for granting such a motion, including that the moving party:

demonstrate that the parties are not capable of a full and adequate presentation and that movant could remedy this deficiency; movant could identify law or arguments that might otherwise escape the court’s consideration; or the proposed amicus brief otherwise would be of assistance to the court

(Rule 23(a)(iii)(1).)

The linked memo from the Commercial Division Advisory Council explains the rationale for the new rule.

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