Can anyone file an amicus curiae brief?
Asked by: Prof. Rosalinda Aufderhar II | Last update: May 25, 2025Score: 4.3/5 (61 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.
Who can file amicus curiae briefs?
(2) Any person or entity may serve and file an application for permission of the Chief Justice or presiding justice to file an amicus curiae brief. (3) The application must be filed no later than 14 days after the return is filed or, if no return is filed, within 14 days after the date it was due.
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.
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.
Who writes amicus curiae?
Amicus curiae (“friend-of-the-court”) briefs are briefs written by individuals or groups who are not directly involved in a legal case, but have expertise or insight to offer a court to assist in making its decision.
Who Can Write an Amicus Brief
Who would write an amicus curiae brief?
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 a party pay for an amicus brief?
In short, a party to litigation should not fund the drafting of amicus briefs. For similar reasons, while general discussions on the themes/arguments advanced by the amicus brief are legitimate and commonplace activities, a party's counsel should avoid writing any portion of a brief—such as redlining a draft.
Why do people file amicus curiae briefs?
They essentially show the court that its final decision will impact people other than the parties. 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.
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.
Do you need standing to file an amicus brief?
You don't have to be a lawyer to write an amicus brief, although it must be submitted to the court by an attorney in good standing. Parties like those below can use them to contribute to the court's understanding without being directly involved in the case.
How do you start an amicus brief?
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.
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.
Do judges read amicus briefs?
As long as there are new arguments presented, a justice will read the amicus briefs. (C50). Clerks repeatedly emphasized that most amicus briefs filed with the Court are not helpful and tend to be duplicative, poorly written, or merely lobbying documents not grounded in sound argument.
Can a non-lawyer file an amicus brief?
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.
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)).
What branch accepts amicus curiae briefs?
Briefs by parties and amici curiae | Judicial Branch of California.
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 ...
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.
Who writes amicus curiae briefs?
Generally, it is referencing a person or group who is not a party to an action , but has a strong interest in the matter. This person or group will petition the court for permission to submit a brief in the action intending to influence the court's decision . Such briefs are called "amicus briefs."
How long should an amicus brief be?
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.
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.
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.
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.
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.
Can you respond to an amicus brief?
Any party may file a response to the amicus brief within 21 days after the amicus serves its brief (3d Cir. L.A.R. 29.1(a)).