(a)When permitted. The State of West Virginia or an officer or agency thereof, or a County or Municipality of the State, may file an amicus curiae brief without the consent of parties or leave of the Intermediate Court or the Supreme Court. Any other amicus curiae may file a brief only by leave granted by order or if the brief states that all parties have consented to its filing.(b)Notice to parties. An amicus curiae shall ensure that counsel of record for all parties receive notice of its intention to file an amicus curiae brief at least five days prior to the due date.(c)Motion for leave to file. The motion for leave to file an amicus curiae brief must be accompanied by the proposed brief and appendix (if one is necessary), and must state: (1) the movant's interest; (2) the reason why an amicus curiae brief is desirable and why the matters asserted are relevant to the disposition of the case; and (3) if an appendix is provided, a statement of why the material provided in the appendix is not otherwise readily available and why the materials in the appendix are relevant and necessary to the disposition of the case. Any party opposed to the motion may respond within ten days.(d)Time for filing. Unless otherwise provided by order, an amicus curiae brief must be filed within the time allowed the party whose position as to affirmance or reversal the brief will support unless the Intermediate Court or the Supreme Court for cause shown shall grant leave for later filing, in which event the order may specify a time period within which an opposing party may file a supplemental brief in response. In an original jurisdiction action where the filing of a petitioner's brief initiates the action, an amicus curiae who supports the petitioner's position may file a motion for leave to file its brief within a reasonable time of its knowledge of the filing of the petition.(e)Contents of brief and appendix. The amicus curiae brief need not strictly comply with Rule 10, but must include the following in the order listed: (1) a cover page with the caption of the case and further identifying the party supported and whether the amicus curiae supports affirmance or reversal;(2) a table of contents, with page references;(3) a table of authorities with references to the pages of the brief where they are cited;(4) a concise statement of the identity of the amicus curiae, its interest in the case, and the source of its authority to file;(5) except for briefs presented as a matter of right on behalf of an amicus curiae listed in subdivision (a) of this Rule, a brief filed under this Rule shall indicate whether counsel for a party authored the brief in whole or in part and whether such counsel or a party made a monetary contribution specifically intended to fund the preparation or submission of the brief, and shall identify every person other than the amicus curiae, its members, or its counsel, who made such a monetary contribution. The disclosure shall be made in the first footnote on the first page of text.(6) The argument, clearly exhibiting the points of fact and law presented and citing the authorities relied on, under suitable headings. An appendix must comply with the format, page numbering and general requirements of Rule 7 insofar as applicable.
(f)Oral argument. A motion of an amicus curiae to participate in the oral argument of a case on the Rule 20 docket will be granted only for extraordinary reasons.Amended June 15, 2022, effective 7/1/2022.