As amended through September 26, 2024
Rule 5A:23 - Briefs Amicus Curiae(a)Stage of proceedings. - Subject to the requirements in this Rule, a brief amicus curiae may be filed during the petition, appeal, and rehearing stages of the appellate proceedings in this Court, and in proceedings invoking this Court's original jurisdiction.(b) Who May File a Brief Amicus Curiae Without Leave of Court. - (1) The United States of America; and(2) The Commonwealth of Virginia.(c)Who Needs Leave of Court to File a Brief Amicus Curiae. - Except as provided in paragraph (b) of this Rule, any person or entity seeking to file a brief amicus curiae must obtain leave of Court by motion. Such motion must: (1) state whether the brief would be in support of a party (and if so, which party or parties) or in support of none of the parties;(2) certify that the applicant has sought to obtain consent of all parties;(3) state which, if any, of the parties has consented to the motion and whether a party that has not consented has stated an intention to file an opposition to the motion; and(4) attach the proposed brief.(d)When a Brief Amicus Curiae Must Be Filed. - A brief amicus curiae is timely if filed no later than 7 days after the principal brief or filing of the party supported. An amicus brief in support of neither party is timely if filed no later than 7 days after the opening brief or petition. Except by the Court's permission, an amicus curiae may not file a reply brief.(e)What a Brief Amicus Curiae Must Contain. - A brief amicus curiae must comply with the rules applicable to the brief or filing of the party supported. If a person or entity is filing an amicus brief in support of neither party, the brief amicus curiae must comply with the rules applicable to the appellant or petitioner. The cover must identify the party or parties supported, if any.(f)This Court's Authority to Request a Brief Amicus Curiae. - Notwithstanding the provisions of this Rule, this Court may request that a brief amicus curiae be filed at any time.(g)Prohibition on Amicus Filings that Would Require Recusal. - The Court may prohibit the filing of or strike an amicus brief that would result in the recusal of a member of the Court who has been assigned to the case or in the recusal of a member of the en banc court from voting on whether to hear or rehear a case en banc.Amended by order dated April 30, 2010, effective 7/1/2010; amended by order dated April 10, 2015, effective 7/1/2015; amended by order dated September 3, 2020, effective 9/3/2020; amended by order dated November 23, 2020, effective 3/1/2021; amended by order dated April 1, 2021, effective 6/1/2021; amended by order dated November 1, 2021, effective 1/1/2022; amended by order dated November 10, 2022, effective 1/9/2023.