Can anyone file an amicus brief?
Asked by: Skye Murazik | Last update: October 17, 2025Score: 4.6/5 (8 votes)
WHO CAN FILE AN AMICUS. Anyone or any entity may file an Amicus Brief; however, the Counsel of Record must be a member of the Supreme Court Bar.
How much does an amicus brief cost?
For most industry groups and other organizations interested in filing amicus briefs, my answer, as an appellate specialist who practices independently, is “less than you might expect—a flat fee between $10,000 and $15,000.” And occasionally, depending on the circumstances, my answer is “nothing but the cost of printing ...
Can non-lawyers write amicus briefs?
Absolutely. And you certainly don't even need to be a lawyer or even graduated high school. It's a Latin term that simply means a friend of the court brief. There is absolutely no threshold legally or any requirements that you must meet, for you to file an amicus brief to a federal court.
What are the rules for amicus briefs?
The only required sections of text of an amicus brief are the interests of the amicus, the summary of argument, the argument and a conclusion. Rule 37.5. Each of these should be a separate section, with a separate heading and text. The brief need not set forth the questions presented in the case.
Who is most likely to write an amicus brief?
Amicus briefs are filed by people who typically take the position of one side in a case, in the process supporting a cause that has some bearing on the issues in the case. The groups most likely to file amicus briefs are businesses, academics, government entities, non-profits and trade associations.
Who Can Write an Amicus Brief
What kinds of people file amicus briefs?
An amicus curiae brief can be filed in both state and federal appellate courts. Advocacy and public interest groups, trade associations, and other entities may file one of these. So may the government or an interested individual. These briefs should provide useful information to the court.
Can anyone submit an amicus brief to the Supreme Court?
Anyone or any entity may file an Amicus Brief; however, the Counsel of Record must be a member of the Supreme Court Bar.
Do judges read amicus briefs?
Clerk comments suggest that, while most justices will not read the majority of amicus briefs, many will read the exceptional, superior amicus brief. A few clerks noted that, in cases where fewer amicus briefs are filed, there is a greater probability that each will be given more attention.
Are amicus briefs pro bono?
The Amicus Project at Southwestern is a first-of-its-kind professional outreach program, enabling law students to gain practical experience by preparing amicus—or "friend of the court"—briefs* on a pro bono basis for cases in which one is needed.
Can a party respond to an amicus brief?
(7) If the court grants the application, any party may file either an answer to the individual amicus curiae brief or a consolidated answer to multiple amicus curiae briefs filed in the case.
How effective are amicus briefs?
Another study revealed that state supreme courts acknowledged or cited amicus briefs in 31 percent of cases and discussed arguments made in amicus briefs in 82 percent of the cases sampled. Of course, courts value amicus briefs' contributions even when they do not incorporate them into their written decisions.
What is the rule of four?
On the face of it, the Supreme Court's “Rule of Four” is straightforward. Where the justices have discretion as to whether to hear an appeal, at least four of the Court's members must vote to grant a writ of certiorari, which facilitates a full review on the merits.
What are the margins for amicus brief?
The amicus brief must contain margins at least one inch on all four sides of the page. No text except for page numbers may appear in the margins (FRAP 32(a)(4)).
Are amicus briefs lobbying?
Amicus briefs have become an increasingly influential tool for powerful interest groups seeking to lobby the federal courts. While interest groups lobbying Congress face stringent financial disclosure requirements, no similar requirements exist for judicial lobbying.
Is an amicus brief considered litigation?
While those filing the amicus brief are not involved in the litigation of the case, they can submit their brief to offer further information, expertise, arguments, or perspectives that can help the court decide in favor of the party which the “amici curiae”—or the group submitting the amicus brief—supports.
How long is an amicus brief?
Rule 29(a)(4) applies to the amicus brief. The brief must not exceed 2,600 words. (5) Time for Filing. An amicus curiae supporting the petition for rehearing or supporting neither party must file its brief, accompanied by a motion for filing when necessary, no later than 7 days after the petition is filed.
Who files the most amicus briefs?
The Cato Institute is one of the biggest filers of amicus curiae (Latin for “friend of the court”) briefs in the Supreme Court. These briefs are filed with the Supreme Court by third parties who have a special interest or expertise in a case and want to influence the Court's decisions.
What is the difference between an amicus letter and an amicus brief?
An amicus brief is filed after the Supreme Court grants review, and usually argues the legal issues encompassed by the issues on which the Supreme Court has granted review. An amicus letter has a very different purpose. It merely urges the Supreme Court to take the case, to grant the petition for review.
Where are amicus briefs filed?
In addition, the collection also includes EEOC amicus briefs filed in the U.S. Courts of Appeals, district courts, and state courts.
Can anyone write an amicus brief to the Supreme Court?
(Subd (b) adopted effective January 1, 2003.) (1) Within 14 days after the last appellant's reply brief is filed or could have been filed under rule 8.212, whichever is earlier, any person or entity may serve and file an application for permission of the presiding justice to file an amicus curiae brief.
Can a judge refuse to look at evidence?
Lawful suppression of evidence means the judge rejects the use of the evidence in the court because they think that the evidence may be inadmissible due to a violation of the Constitution or other statutes that permit the evidence to be excluded.
What is an oral argument?
An oral argument is a presentation of a case before a court by spoken word. Lawyers or parties representing each side in a dispute have 30 minutes to make their case and answer questions from Supreme Court justices or Intermediate Appellate Court judges.
Does it cost money to file an amicus brief?
A person who files an application to file an amicus brief is not a "party" and therefore is not subject to the fees applicable to a party other than the appellant or petitioner.
Why do people file amicus briefs?
More specifically, amicus briefs help educate the court about possible the public policy implications of a decision, providing the court with economic, social science, or historical perspectives, as well as technical assistance or industry data necessary to make informed decisions.
What does a writ of certiorari do?
Writs of Certiorari
The primary means to petition the court for review is to ask it to grant a writ of certiorari. This is a request that the Supreme Court order a lower court to send up the record of the case for review.