Worth a Shot – Oral Argument by Amicus Curiae

November 1, 2019, The Writ, “Appellate Briefs”

Participation by a private entity as an amicus curiae at the Nevada Supreme Court is discretionary and permitted only by leave of court. NRAP 29(a) (contrasting private parties with public parties such as the “United States, the State of Nevada, an officer or agency of either, a political subdivision thereof, or a state, territory or commonwealth” who may file an amicus curiae brief “without the consent of the parties or leave of court”). Participation in oral argument by an amicus curiae is even more” discretionary” and the Nevada Supreme Court grants motions to participate in oral argument by amicus curiae “only for extraordinary reasons.” NRAP 29(h). Despite this high standard, amicus curiae have been permitted to participate in several recent oral arguments, but in each instance the amicus has been a public or quasi-public entity rather than a private party. This pattern tracks the practice at the United States Supreme Court where amicus participation in oral argument is largely limited to the Office of the Solicitor General.  To read entire article click here.


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