Here's something I learned the other day. When you are filing an amicus brief under FRAP 29, you must include "a concise statement of the identify of the amicus curiae, its interest in the case, and the source of its authority to file." (FRAP 29(c)(3).) Does that statement if interest get included or excluded in the 7000 word count for an amicus brief? Rule 29 doesn't say. Nor does Rule 32 on briefs generally. Rule 32(a)(7)(B)(iii) does list what is excluded, and doesn't list the statement of interest – but Rule 32 goes to party briefs, and they don't have statements of interest.
So do you count the statement of interest or not? We called, and the answer is … you don't!
I am putting this little nugget on my list of things to think about proposing tweaking in the rules, to make this explicit. As always, if you have any other little tweaks you think might be helpful, let me know as a member of the adivsory committee on the rules.
