1. Time - Guidelines:

Please refer issue/problem to Committee as soon as it arises . As a general rule, with few or no exceptions, we can file an amicus brief, petition or other pleading at the same time as the filing of the first pleading filed by the party we support.

Based upon our past experience, we cannot come into a case after the filing of the first relevant pleading. Courts have not approved our past requests to file an answer brief or to participate in a motion for rehearing. We must also file a brief at the same time as the party we support. Courts have denied requests to file briefs after the filing of brief by the party we support but before the other side responds.

Time - Please be thoughtful - Please do not make a request for amicus a day or two before the deadline for the filing of your brief. Remember we are volunteers for FACDL, not a service that you call at the last possible minute. Please be respectful of our busy schedules. On several occasions, we've had requests to file a brief the next day or within a couple of days. The most untimely request was a request to file a motion for rehearing at 2:30 p.m. on the last day to file such a motion. Under the rules of Appellate Procedure, we must contact the other side to determine whether they object to Amicus Curiae participation. We must have time to do this.

2. Issues - Description:

The Amicus Committee prefers issues that: 1) have constitutional significance; 2) statewide substantive or procedural importance; or 3) represent a unique or recurring problem in a specific area. Under these guidelines, we have declined to participate in only 2 cases based upon the issues involved. Even if we do not participate (or can't participate due to time constraints), we usually can consult with the party involved.

3. Issues - Reason for Amicus Committee Participation:

We do not merely repeat issues argued by the party. Our policy is that the party we support is in charge of the litigation. FACDL will handle a policy, procedural or constitutional issue that the party wants us to handle. We usually address only one or two issues or a single aspect of an issue. Our policy is to add something that the party cannot or chooses not (for strategical reasons) to address.

4. Procedure:

Once a party asks for and receives FACDL help, the party has the duty to advise FACDL of any time deadlines or other procedural requirements so that FACDL participation will be timely. Our policy is that the party, not FACDL, is in charge of the case. FACDL does not have the time nor resources to monitor the procedural timeclock of a case. For example, a party once contacted FACDL (before the record on appeal was ready) about Amicus participation. FACDL agreed but the party failed to advise FACDL of the receipt of the record on appeal and the expiration of the time to file an Amicus brief. Consequently, FACDL could not timely participate in the case.

5. Contact:

If you have questions about these guidelines, please contact Michael Ufferman at (850) 386-2345 or at ufferman@uffermanlaw.com.