3. Contact of interested amici.

Because court decisions on public meetings issues may have far-reaching consequences, press groups and others may have an interest in filing a friend-of-the-court brief in these cases. The filing of amicus curiae briefs is permitted by Rule 29 of the Alabama Rules of Appellate Procedure only with leave of the appellate court. Typically, the amicus brief is filed conditionally with the motion for leave.

Amicus briefs must follow the form prescribed for the brief of an appellee in Rule 28(b) of the Alabama Rules of Appellate Procedure, and the brief must be filed within the time allowed to the party whose position on the appeal the amicus curiae brief will support. The motion for leave must identify the interest of the applicant and must state the reasons why the brief of an amicus curiae is desirable. Under Rule 29, an amicus curiae may participate in oral argument only upon motion and leave of the court and, unless additional time is granted, must share the time of the party whose position the amicus curiae supports.

Amicus curiae participation at the appellate level has been permitted, to substantial benefit, in the following cases for access to meetings under Alabama's former open meetings law and federal constitutional law:

a. Ex parte Consolidated Publishing Co., 601 So. 2d 423 (Ala.), cert. denied, 113 S. Ct. 665 (1992);

b. Ex parte Birmingham News Co., 624 So. 2d 1117 (Ala. Crim. App. 1993);

c. Ex parte Courtroom Television Network, No. 1920991 in the Supreme Court of Alabama, April 12, 1993, and April 13, 1993;

d. Miglionico v. Birmingham News Co., 378 So. 2d 677 (Ala. 1979); and

e. Bell v. Birmingham News Co., 576 So. 2d 669 (Ala. Civ. App. 1991 (challenge to attorneys' fee award).

Press groups, members of the media and others interested in access to public meetings may also participate at the trial court level — either by moving to participate as amicus curiae or by moving to intervene. Unlike a party who intervenes, a party who participates as an amicus curiae cannot add parties, raise new issues, or otherwise control the litigation. State ex rel. Baxley v. Johnson, 293 Ala. 69, 74, 300 So. 2d 106, 111 (1974). "The amicus curiae may, with permission of the court[,] file briefs, argue the case and introduce evidence." Id.

The Reporters Committee for Freedom of the Press often files amicus briefs in cases involving significant media law issues before a state's highest court.