Colo. R. App. P. 29

As amended through Rule Change 2024(16), effective September 12, 2024
Rule 29 - Brief of an Amicus Curiae
(a)When Permitted. An amicus curiae may file a brief only by leave of court or at the court's request.
(b)Motion for Leave to File. The motion to file an amicus brief must identify the movant's interest and state the reasons why an amicus brief would be helpful to the court. The brief must be conditionally filed with the motion, unless the court grants leave to file the motion without the brief.
(c)Content and Form. An amicus brief must comply with Rule 32. The caption page on the brief must indicate whether the brief is submitted in support of a party, and if so must identify the party or parties supported. The brief must also comply with Rule 28(a)(2) and (3) and must include the following:
(1) a certificate of compliance as required by Rule 32(h);
(2) a concise statement of the identity of the amicus curiae and its interest in the case; and
(3) an argument, which may be preceded by a summary but need not include a statement of the applicable standard of review or whether the issue was preserved.
(d) Length. Except by the court's permission, an amicus brief may be no more than one-half the maximum length authorized by these rules for a party's principal brief. If the court grants a party permission to file a longer brief, that extension does not affect the length of the amicus brief.
(e)Time for Filing. An amicus curiae must file its brief within the deadline for filing the principal brief of the party being supported. An amicus curiae that does not support either party must file its brief no later than 7 days after the appellant's opening brief is filed. A court may grant leave for later filing, specifying the time within which an opposing party may answer. The time for filing an amicus brief in an original proceeding shall be as provided under C.A.R. 21(m).
(f)Reply Brief. Unless the court orders otherwise, an amicus curiae may not file a reply brief.
(g)Oral Argument. An amicus curiae may participate in oral argument only with the court's permission, which will be granted only for extraordinary reasons. A motion to participate in oral argument must state that the supported party does not object and will share its allotted time with amicus. The length of oral argument will not be extended to accommodate amicus participation.

C.A.R. 29

Amended and adopted by the Court, En Banc, February 24, 2022, effective 7/1/2022; amended and adopted by the Court, En Banc, 5/16/2024, effective immediately.

Annotation Law reviews. For article, "What Amici Curiae Can and Cannot Do with Amicus Briefs", see 46 Colo. Law. 23 (Apr. 2017). Amicus curiae limited to questions raised by appealing parties. An appellate court will consider only those questions properly raised by the appealing parties. Amicus curiae must accept the issues made and propositions urged by the appealing parties, and any additional questions presented in a brief filed by an amicus curiae will not be considered. Denver United States Nat'l Bank v. People ex rel. Dunbar, 29 Colo. App. 93, 480 P.2d 849 (1970). Applied in First Lutheran Mission v. Dept. of Rev., 44 Colo. App. 417, 613 P.2d 351 (1980)..