What makes a good amicus brief?
Asked by: Mrs. Aniya Kuhic | Last update: January 10, 2026Score: 5/5 (40 votes)
Again, an effective amicus brief needs to say something different than the supported party's brief. In addition, an amicus brief should be written in the ele- vated and somewhat restrained tone that appellate courts respect—a style of writ- ing that may be quite unlike how trial court briefs are written.
What are the three keys to amicus brief success?
Based on experience, I've identified three keys to preparing impactful amicus briefs: pairing with the right client, making the right kinds of argu- ments, and mustering the right types of materials.
What is an effective 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 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 makes a good case brief?
The facts section of a case brief should contain only the relevant facts to the issue, rationale, and rule- it should not read like a mystery novel. This should be very brief and kinda dry- leave out the juicy details in favor of a quick and dirty version of what happened.
What are Amicus Briefs...and do they matter?
What should a good brief include?
- Explain the goals and motivations. You should start your brief by writing about the project background and brand. ...
- Highlight specific objectives and challenges. ...
- Describe your target audience. ...
- Examine competitors. ...
- Ask for feedback.
What makes a strong case?
Evidence is the cornerstone of any legal case. It's essential to gather all relevant information that can support your arguments. This includes not only physical evidence but also digital records, witness statements, and expert testimonies.
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 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.
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.
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 ...
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 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.
Can a party respond to an amicus brief?
(7) If the court grants the application, any party may file either an answer to the individual amicus curiae brief or a consolidated answer to multiple amicus curiae briefs filed in the case.
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.
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 37 statement?
Rule 37(a) provides relief to a party seeking discovery against one who, with or without stated objections, fails to afford the discovery sought. It has always fully served this function in relation to depositions, but the amendments being made to Rules 33 and 34 give Rule 37(a) added scope and importance.
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.
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 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 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.
What is the hardest case to prove?
A: The hardest crime to prove is often white collar crime, such as fraud. It is imperative for prosecutors to carefully prove intent for deceiving, link complex financial transactions, and exhibit a distinct pattern of deception.
What are the signs of a weak case?
Some signs we look for are a lack of physical evidence, gaps in the chain of custody of evidence, contradictory eyewitness accounts, or witnesses who lack credibility. If the prosecution's case is built on a shaky foundation, they often realize a dismissal or plea deal is their best option.
What makes a case hard?
A hard case is a legal situation where the facts are complicated and the decision is difficult to make. Sometimes, judges may be tempted to ignore or change the law to make a fair decision.