Rule 8.15 - AMICUS CURIAE(1) Except as provided in subsection (8), a person may appear as amicus curiae in any case pending before an appellate court only by permission of the court on written motion setting forth the interest of the person in the case. Any motion to appear as amicus curiae shall not contain argument on the resolution of the case and otherwise must: (a) State whether the movant intends to present a private interest of its own or a position as to the correct rule of law that does not affect a private interest of its own;(b) Identify the party with whom the movant would be aligned or state that the movant is unaligned;(c) Identify the date in the case that is relevant to the timeliness of the motion (such as the date that the aligned party's brief is due); and(d) Explain why the motion is timely relative to that date.(2) The motion shall be submitted by an active member of the Oregon State Bar. No filing fee is required. The form of the motion shall comply with ORAP 7.10(1) and (2), and the movant shall serve it on all parties to the proceeding. Subsections (1)(d), (3), and (4) of ORAP 7.05 do not apply to a motion filed under this rule.(3) The motion shall be accompanied by the amicus brief sought to be filed.(a) If the court grants the motion, the date of filing for the brief relates back to the date of filing for the motion;(b) If the court denies the motion, the brief will be deemed stricken;(c) The form of the brief is subject to the same rules as those governing briefs of the parties, to the extent practicable.(4) In the Court of Appeals, (a) Unless the court grants leave otherwise for good cause shown, the motion shall be filed within seven days after the due date for the party with whom the movant is aligned or, if unaligned, seven days after the due date for the opening brief.(b) If a party obtains an extension of time for any applicable brief deadline, the time for filing a motion to appear as amicus curiae is automatically extended accordingly.(5) In the Supreme Court, except as otherwise provided in ORAP 11.35 and ORAP 12.30: (a) A movant may seek to appear in support of or in opposition to: (i) A petition for review of a Court of Appeals decision, the merits of that case, or both;(ii) A petition for a writ, the merits of that case, or both; or(iii) The merits of any other case before the court on direct appeal, direct judicial review, or direct review, or in an original proceeding.(b) The following apply to a motion to appear as amicus curiae in support of or opposition to a petition for review or a petition for a writ: (i) The motion shall be filed within 14 days after the filing of the petition, unless the court grants leave otherwise for good cause shown.(ii) The movant may, but need not, file with the motion a combined amicus brief in support of, or in opposition to, the petition and also on the merits of the case. The due date set out in subparagraph (i) applies to a combined brief filed with the motion.(iii) If the movant does not submit a combined amicus brief with the motion, and the court grants the motion, the movant may file a brief on the merits without further leave of the court, by the applicable due date set out in paragraph (c).(c) A motion to appear on only the merits of any case shall be filed by the following dates, unless the court grants leave otherwise for good cause shown: (i) If the movant is aligned with a party, by the due date for that party's brief (excluding reply briefs).(ii) If the movant is not aligned with any party, by the due date for the petitioner on review's brief on the merits or the opening brief.(iii) If the case is before the court on a petition for review from the Court of Appeals and the petitioner on review has stated an intent to rely on the petition and the petitioner's Court of Appeals brief, regardless of the movant's alignment, within 28 days after review is allowed.(d) If a party obtains an extension of time to file a response to a petition for review or for a writ, or for any of the brief deadlines described in paragraph (c)(i) or (ii), the time for filing a motion to appear as amicus curiae or the amicus brief is automatically extended accordingly.(6)Amicus curiae may file a memorandum of additional authorities under the same circumstances in which a party may do so under ORAP 5.85.(7) Unless the court grants leave otherwise, amicus curiae may not orally argue the case.(8) The State of Oregon may appear as amicus curiae in any case in an appellate court without permission of the court. The state shall comply with all the requirements for appearing amicus curiae set out in this rule, including the time within which to appear, except that, if the state is not aligned with any party, the state's amicus brief shall be due on the same date as the respondent's brief on the merits or the answering brief.Amended November 21, 2016, effective 1/1/2017; amended November 15, 2018, effective 1/1/2019; amended November 13, 2020, effective 1/1/2021.