Can anyone submit an amicus brief to the Supreme Court?
Asked by: Kiel Marks | Last update: September 27, 2025Score: 4.5/5 (22 votes)
Anyone or any entity may file an Amicus Brief; however, the Counsel of Record must be a member of the Supreme Court Bar.
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.
Who can file an amicus brief in federal court?
The United States or its officer or agency or a state may file an amicus brief without the consent of the parties or leave of court. Any other amicus curiae may file a brief only by leave of court. (3) Motion for Leave to File. Rule 29(a)(3) applies to a motion for leave.
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 files amicus curiae briefs and why?
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."
Who Can Write an Amicus Brief
Can a party file an amicus brief?
(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.
What is the rule of four?
The “rule of four” is the Supreme Court's practice of granting a petition for review only if there are at least four votes to do so. The rule is an unwritten internal one; it is not dictated by any law or the Constitution.
Who is most likely to file an amicus curiae 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.
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.
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.
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.
What is the Federal Rule 29?
Motion for a Judgment of Acquittal. (a) Before Submission to the Jury. After the government closes its evidence or after the close of all the evidence, the court on the defendant's motion must enter a judgment of acquittal of any offense for which the evidence is insufficient to sustain a conviction.
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.
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 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)).
How does a case get to the Supreme Court?
Parties who are not satisfied with the decision of a lower court must petition the U.S. Supreme Court to hear their case. The primary means to petition the court for review is to ask it to grant a writ of certiorari.
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 ...
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.
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.
Can anyone file an amicus curiae brief?
(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 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.
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.
What is it called when the Supreme Court sends a case back down?
This practice is distinct from the justices holding a petition pending the disposition of another case. Remand: The term “remand” means “to send back” and refers to a decision by the Supreme Court to send a case back to the lower court for further action.
What is the writ of mandamus in law?
A ( writ of) mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion. See e.g. Cheney v. United States Dist.
What is the rule of 4 certiorari?
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.