Separate permission required for amicus curiae brief?
<p>I submitted an amicus curiae brief to a federal case and it was rejected on the grounds I had no permission from the court to submit one, however, in the brief itself, at the beginning I specifically asked for permission to submit the brief.</p>

<p>Does the permission have to be asked for in a separate filing?</p>

<p>I don't see why I can't ask for permission within the brief itself.</p>

<p>It depends on the court.  For example, at the appellate level in the United States Federal Courts, you would need to file a motion, not a brief.</p>

<p>The motion would have to request permission from the court to file the brief.  A <em>proposed brief</em> would have to be filed with the motion, but would not be the same document.  </p>

<blockquote>
  <p>(a) When Permitted. The United States or its officer or agency or a
  state may file an amicus-curiae brief without the consent of the
  parties or leave of court. Any other amicus curiae may file a brief
  only by leave of court or if the brief states that all parties have
  consented to its filing.</p>
  
  <p>(b) Motion for Leave to File. The motion must be accompanied by the
  proposed brief and state:</p>
  
  <p>(1) the movant's interest; and</p>
  
  <p>(2) the reason why an amicus brief is desirable and why the matters
  asserted are relevant to the disposition of the case.
  ...</p>
</blockquote>

<p><a href="https://www.law.cornell.edu/rules/frap/rule_29" rel="nofollow">https://www.law.cornell.edu/rules/frap/rule_29</a></p>

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