How do you format an amicus brief?
Asked by: Rebekah Lynch | Last update: March 9, 2025Score: 4.4/5 (12 votes)
- Use 12-point font, set line spacing at 1.5, and use 1-inch margins.
- Use double-spacing after headings and between paragraphs.
- Begin each page with a 3-inch top margin.
- Include a cover page with the name of the court, case name, and the title of the brief.
What does an amicus brief look like?
Amicus briefs should use an even, objective tone. After all, they are supposed to aid the court make a good decision, not advocate for a party. Lastly, but certainly not least, brevity is critical. In most cases, an amicus brief can achieve its purpose in far fewer pages or words than the applicable rules provide.
How to properly cite an amicus brief?
Find the page number of the amicus brief in the reported decision. Identify the properly abbreviated name of the case, reporter, volume and page number where the decision begins, and the year the case was decided. List the citation as follows: Brief for the SEC as Amicus Curiae, p. 19, Wilko v.
What is an amicus curiae brief example?
Significant examples of uses of amicus curiae briefs include Obergefell v. Hodges, in which an amicus curiae brief was filed by the American Psychological Association in support of the end of legal restrictions on marriage.
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)).
A "Brief" Amicus Curiae Brief Writing Guide
How to format an amicus brief?
- Use 12-point font, set line spacing at 1.5, and use 1-inch margins.
- Use double-spacing after headings and between paragraphs.
- Begin each page with a 3-inch top margin.
- Include a cover page with the name of the court, case name, and the title of the brief.
What is the rule 29 statement?
This Rule 29(a) governs amicus filings during a court's initial consideration of a case on the merits. (2) When Permitted. 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.
What is required in 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?
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 writes amicus briefs?
The Basic Function of Amicus Briefs
3 They may be filed by a person or an organization, or by a group of people or organizations. Amicus briefs are filed most frequently in U.S. Supreme Court cases, and are often filed in federal or state appellate cases.
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.
Should amicus brief be italicized?
Our formatting standard is no italics on the words Amicus, Amici, Amicus Brief, or Amici Brief. We follow the convention that no italics are used on commonly used and understood Latin words. We also prefer to capitalize the first letters of Amicus Curiae and Amici Curiae.
Can a non lawyer file an amicus 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.
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.
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 pays for amicus briefs?
(B) Every person or entity who made a monetary contribution intended to fund the preparation or submission of the brief, other than the amicus curiae, its members, or its counsel in the pending appeal.
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.
What is an example of the 4 rule?
For example, let's say you've determined that you'll need $60,000 a year from your savings to live comfortably in retirement. Based on the 4 percent rule, you'd divide $60,000 by . 04 to determine that you'd need approximately $1.5 million to afford the lifestyle you want.
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.
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 a party file an amicus brief?
The court may request additional briefs on any or all issues, whether or not the parties have filed briefs on the merits. (1) After the court orders review, any person or entity may serve and file an application for permission of the Chief Justice to file an amicus curiae brief.
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.
What is a Rule 7.1 statement?
Rule 7.1 is further amended to require a party or intervenor in an action in which jurisdiction is based on diversity under 28 U.S.C. § 1332(a) to name and disclose the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor.
What is a joa in court?
A motion for a judgment of acquittal can be granted only if no reasonable jury could find beyond a reasonable doubt that the defendant committed the crime charged. This essentially means that the prosecution's evidence is too weak to support a conviction, viewing it as generously as possible.
What is a Rule 805 statement?
Rule 805 states that hearsay within hearsay (commonly described as “double hearsay”) is admissible as long as each part of the statement qualifies under a hearsay exception.