How long should an amicus brief be?
Asked by: Citlalli Beer | Last update: May 5, 2025Score: 4.7/5 (54 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).
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 ...
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 do you 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 are Amicus Briefs...and do they matter?
How long can an amicus brief be?
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.
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 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.
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.
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 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.
Who is most likely to write an amicus brief?
Anyone may file an amicus brief, but in most cases the brief is filed by an individual expert or group that has a specific interest in the case at hand. For instance, an economist may submit a brief that lays out the potential economic impact that a ruling would have on an industry.
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 do amicus briefs often contain?
In fulfilling these roles, amicus briefs often include additional legal citations, policy considerations, and social science data that may be helpful to the court. The appellate experience and reputation of the counsel filing the brief and the amicus participants themselves are also important.
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 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.
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 I file a suit without a lawyer?
You start a lawsuit by filing a complaint. In some circumstances, you file a petition or a motion. The court has several complaint forms that you may use in drafting your complaint. The forms are available online and at the Pro Se Intake Unit.
What is the length of an amicus brief?
Except by the court's permission, an amicus brief may be no more than one-half the maximum length authorized by these rules for a party's principal brief. If the court grants a party permission to file a longer brief, that extension does not affect the length of an amicus brief.
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 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 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 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.
How does the court decide which cases to hear?
Typically, the Court hears cases that have been decided in either an appropriate U.S. Court of Appeals or the highest Court in a given state (if the state court decided a Constitutional issue). The Supreme Court has its own set of rules. According to these rules, four of the nine Justices must vote to accept a case.