About seven weeks ago, Horvitz & Levy submitted to the Supreme Court an application to file an amicus brief (the brief was submitted with the application, as required) on behalf of the California Academy of Appellate Lawyers. (See here.) The submission was earlier than usual for amicus briefs, as the parties’ briefing in the case — Cohen v. Superior Court (see here) — had not yet been completed. In fact, the reply brief on the merits still hasn’t filed.
The court told Horvitz & Levy that the application was too early and that the court would not file the application until after the reply brief is filed. However, the applicable rule suggests the application should have been filed right away.
Rule 8.520 provides, “After the court orders review, any person or entity may serve and file an application for permission of the Chief Justice to file an amicus curiae brief” and “The application must be filed no later than 30 days after all briefs that the parties may file under this rule-other than supplemental briefs-have been filed or were required to be filed.” (Emphases added.)
The rule apparently provides a broad window for filing an amicus brief application — from any time after review is granted until 30 days after the last party brief is filed. The court granted review in Cohen more than a year before the Academy sent its application to the court and the application was submitted before the parties’ briefing had even been completed, let alone 30 days after the last party brief. It thus seems like the application should have been filed on receipt.
