AMICUS CURIAE POLICY AND PROCEDURE

The Minnesota Coalition Against Sexual Assault (MNCASA) is a voice for victims/survivors, sexual assault programs, and allies committed to ending sexual violence. The Sexual Violence Justice Institute (SVJI) at MNCASA promotes justice for victims of sexual violence through multidisciplinary collaboration, leadership and resources.

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Criteria for MNCASA Participation as Amicus Curiae

1. Amicus curiae participation must promote and be consistent with MNCASA’s mission.

2. Amicus cases must have significant impact in the area of sexual assault.

3. Priority will be given to cases before the Minnesota Supreme Court, the Minnesota Court of Appeals or the United States Supreme Court. Participation as amicus may be authorized in other courts based upon compelling legal and policy reasons.

4. MNCASA shall ensure an amicus brief filed on its behalf is of the highest quality. MNCASA may decline to file a brief when lack of time or other considerations may compromise the quality of the brief.

Procedure for Requesting Amicus Brief Participation

1. Requesting parties who anticipate that a matter may benefit from amicus participation but are unsure as to the timeline because the case has not completed its process through the trial court or are awaiting a decision regarding Supreme Court review may contact MNCASA for a preliminary discussion. MNCASA will add the matter to a list for future consideration.

2. If a matter is ready for amicus participation, the requesting party shall provide the following information to MNCASA:
a. A thorough summary of the case (facts, laws, procedural history, names of all counsel and amici) and a brief explanation of why MNCASA involvement is requested;
b. Whether the applicant is requesting that MNCASA prepare the amicus brief or join a brief that will be prepared by another party?
c. The deadlines for filing the request for leave to file as an amicus and to file the amicus brief or the timeline for reviewing the amicus brief if it will be prepared by another party (see page 2 for amicus deadline information); and
d. Copies of opinions from lower courts and briefs/memoranda from all parties or other amici.

3. The request shall be directed to Caroline Palmer, Staff Attorney, MNCASA, 161 St. Anthony Ave., Suite 1001, St. Paul, MN 55103, or caroline(at)mncasa(dot)org. You can email or call Caroline at 651-209-9993 x214 with any questions. If you are not sure how you would like to proceed feel free to call to discuss MNCASA’s possible participation.

MNCASA Process

1. The MNCASA staff attorney will make a preliminary recommendation regarding the amicus request. The recommendation will be reviewed by the MNCASA executive director and a representative of the Sexual Violence Justice Institute (SVJI) at MNCASA in collaboration with the MNCASA staff attorney. The length of the recommendation and review process will be based on the deadlines and timelines provided by the applicant so as to assure a prompt response. Whenever possible please provide MNCASA with sufficient lead time (at least one to two weeks is preferable).

2. The staff attorney will communicate to the applicant whether the case has been accepted or declined for amicus participation.

3. MNCASA may recommend additional amici when appropriate.

4. Acceptance of an amicus request by MNCASA remains conditional until the leave to participate as amicus is filed with the court.

5. In most instances the amicus brief will be drafted by MNCASA legal staff however other counsel writing on behalf of MNCASA may be considered depending on time constraints or expertise. MNCASA will provide the names of all participating counsel to the party requesting amicus.

6. MNCASA will bear responsibility for all amicus filing costs when MNCASA is the sole organization preparing the brief. Cost-sharing will be addressed on a case-by-case basis when other amici are involved.

7. MNCASA will communicate its participation as amicus to its member programs, approximately 85 sexual assault victim service programs and allies located throughout the state of Minnesota.

Amicus Deadlines

Minnesota Rules of Civil Appellate Procedure govern amicus filings in criminal and civil cases:

1) Request for leave to participate as amicus is due no later than 15 days after the filing of the notice of appeal, the petition which initiates the appeal, the appellate petition for declaratory judgment or the appellate court order granting review. Minn. R. Civ. App. Pro. 129.01.

2) Copies of the amicus brief shall be served on all parties and filed with the clerk of the appellate courts with proof of service no later than 7 days after the time allowed for filing the brief of the party supported, or if in support of neither party, no later than the time allowed for filing the petitioner’s or appellant’s brief. Minn. R. Civ. App. Pro. 129.02.

Questions?

Contact Caroline Palmer, MNCASA Staff Attorney, at 651-209-9993 x214 or caroline(at)mncasa(dot)org.