How long is an amicus brief?
Asked by: Lessie Armstrong | Last update: November 23, 2025Score: 4.5/5 (33 votes)
Rule 29(a)(4) applies to the amicus brief. The brief must not exceed 2,600 words. (5) Time for Filing. An amicus
What is the standard for an amicus brief?
Amicus briefs submitted at the merits stage by entities identified in Rule 37.4 (i.e., governmental entities) are limited to 9,000 words. Rules 33.1(g)(xi) and 33.1(g)(xiii). Amicus briefs submitted at the merits stage by other individuals and entities are limited to 8,000 words. Rules 33.1(g)(xii) and 33.1(g)(xiv).
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 ...
Do you need to be a lawyer 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.
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 is an amicus brief?
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.
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.
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.
Who files the most amicus briefs?
The groups most likely to file amicus briefs are businesses, academics, government entities, non-profits and trade associations. In the first 100 years of American high-court cases, amicus briefs were rare.
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 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 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.
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 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 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.
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 many votes to grant certiorari?
If the full Court acts on an application, five Justices must agree in order for the Court to grant a stay, but the votes of only four Justices are required to grant certiorari.
What is rule by four?
Rule by Four. Diocletian believed that four rulers would be better than one, so he created a tetrarchy (TEH-trahrk-ee), or "rule by four." The Eastern Roman Empire had an Augustus, or senior emperor, and a Caesar (SEE-zer), or junior emperor. The Western Roman Empire had an Augustus and a Caesar, too.
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.
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 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.
Which chief justice was the greatest?
John Marshall is often referred to as the “Great Chief Justice” because of a decision he wrote in an early Supreme Court case.
What makes a good amicus brief?
Any effective amicus brief abides by the instruction given in Supreme Court Rule 37.1: It "brings to the attention of the Court relevant matter not already brought to its attention by the parties." This means consulting with the party whom your brief will support and determining what additional arguments you can make ...