What is required in an amicus brief?

1. Use 12-point font, set line spacing at 1.5, and use 1-inch margins.
2. Use double-spacing after headings and between paragraphs.
3. Begin each page with a 3-inch top margin.
4. Include a cover page with the name of the court, case name, and the title of the 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.

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.

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 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 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.

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.

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.

How much do amicus briefs 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 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 long should 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 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 does Rule 61 mean?

Rule 61 – Harmless Error. Unless justice requires otherwise, no error in admitting or excluding evidence—or any other error by the court or a party—is ground for granting a new trial, for setting aside a verdict, or for vacating, modifying, or otherwise disturbing a judgment or order.

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 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.

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 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.

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.

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)).