Who would write an amicus curiae brief?
Asked by: Prof. Jayne Mraz | Last update: May 24, 2026Score: 4.3/5 (54 votes)
Anyone with a significant interest in a court case, but not a direct party, can write an amicus brief ("friend of the court") to offer additional information, expertise, or a unique perspective, but they must follow court rules, usually requiring consent from all parties or a motion for permission, and for high courts like the U.S. Supreme Court, have a member of that court's bar as counsel of record. This includes businesses, academics, non-profits, government bodies, or individuals, often requiring legal counsel.
Who can write an amicus curiae 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.
Who is most likely to file an amicus curiae brief?
Amicus briefs are filed by people who typically take the position of one side in a case, in the process supporting a cause that has some bearing on the issues in the case. The groups most likely to file amicus briefs are businesses, academics, government entities, non-profits and trade associations.
Why would someone file an amicus curiae brief?
An amicus curiae brief is a learned treatise, that is, a text that is sufficiently authoritative in its field to be admissible as evidence in a court, and is a way to introduce concerns ensuring that (the possibly) broad legal effects of a court decision will not depend solely on the parties directly involved in the ...
What is the purpose of an amicus curiae brief and who might write one?
The amicus curiae, or amicus briefs, is a legal term meaning "friend of the court." This 'friend' is a person or organization offering the court additional information or perspective about the case.
Who Can Write an Amicus Brief
Can a non-lawyer file an amicus brief?
(c) Amicus curiae briefs
(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.
Does the Supreme Court actually read amicus briefs?
Yes, the Supreme Court justices and their law clerks read amicus briefs, though they don't read every single one; clerks filter relevant ones for the justices, who often cite them in opinions, especially those from government or major organizations, to gain crucial information and perspectives on technical or complex issues, influencing decisions significantly.
Is an amicus brief legally binding?
Trump's brief raised eyebrows not just because of the policy reversal, but also because the arguments contained little legal analysis, instead focusing on political and electoral considerations. Amicus briefs are not binding on the court and judges are under no obligation to consider them.
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 ...
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.
How long are amicus briefs?
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.
Is amicus curiae a lawyer?
In American law, an amicus curiae typically refers to what in some other jurisdictions is known as an intervenor: a person or organization who requests to provide legal submissions so as to offer a relevant alternative or additional perspective regarding the matters in dispute.
Which represents a major reason for the submittal of an amicus curiae brief?
The purpose of filing such a brief is to present information, arguments, or perspectives that may not be included by the parties directly involved in the case. Amicus briefs can be beneficial as they often introduce new evidence, data, or viewpoints that the court should consider when making its decision.
Can interest groups submit amicus briefs without obtaining permission?
Under Rule 500.23, “Any nonparty other than the attorney general seeking to file an amicus brief on an appeal, certified question or motion for leave to appeal must obtain permission by motion.” Rule 500.23 was amended in 2024 to provide that “amicus curiae relief will be denied where acceptance of the amicus ...
What is an example of amicus curiae?
For instance, the National Rifle Association (NRA) may submit amici curiae briefs to courts who are presiding over hearings on gun control issues if the NRA is not directly involved in the hearing but hopes to influence a particular outcome that will reduce gun control legislation or prevent increased restrictions.
What is a psychological amicus brief?
For over 60 years, the American Psychological Association (APA) has submitted amicus curiae (friend of the court) briefs with the aim of informing the courts about relevant scientific findings that may otherwise be absent from, or misrepresented in, the trial records of court cases.
Can anyone submit an amicus brief?
Yes, almost anyone can file an amicus brief (a "friend of the court" brief) if they have a significant interest in a case, but they usually need the consent of all parties involved or permission (leave) from the court, with some exceptions for government entities. The process involves meeting specific court rules, like having a member of the bar file it (especially in higher courts) and demonstrating the amicus's unique expertise or interest, which could come from individuals, businesses, nonprofits, or academics.
Who writes amicus curiae briefs?
Amicus curiae (“friend-of-the-court”) briefs are briefs written by individuals or groups who are not directly involved in a legal case but have expertise or insight to offer a court to assist in making its decision.
Why do people file amicus briefs?
The Basic Function of Amicus Briefs
seek to mitigate or expand the effects of a potentially important prior court opinion, depending on whether the opinion is damaging or helpful. 3 They may be filed by a person or an organization, or by a group of people or organizations.
Do judges read amicus briefs?
Preparing for Oral Argument
The Justices themselves read the briefs submitted by the parties and likely at least some of the amicus briefs, especially those submitted by the United States government or by well-known organizations like the Chamber of Commerce and the American Civil Liberties Union.
Are amicus briefs lobbying?
This Article uncovers the pervasive and significant impact of business law amicus lobbying, a strategic tactic whereby lobby groups have comman- deered the amicus curiae filing process in state courts to shape business law according to their interests.
Do judges write their own opinions?
Once a judge is assigned an opinion, the judge may choose to write the opinion alone, doing both the research and writing without any assistance. Judges may also turn to their clerks to help research relevant law or to draft parts of the opinion.
Are amicus curiae briefs unconstitutional?
Amicus briefs are expressly permitted by U.S. Supreme Court Rule (SCR) 37, Federal Rule of Appellate Procedure (FRAP) 29, and Colorado Appellate Rule (CAR) 29.
What is a writ of certiorari in simple terms?
The word certiorari comes from Law Latin, meaning "to be more fully informed." A writ of certiorari orders a lower court to deliver its record in a case so that the higher court may review it. The writ of certiorari is a common law writ, which may be abrogated or controlled entirely by statute or court rules.
Why didn't Obama get to nominate a Supreme Court judge?
With the death of Antonin Scalia in February 2016 in the beginning of a presidential election year, the Republican majority in the Senate made it their stated policy to refuse to consider any nominee to the Supreme Court, arguing that the next president should be the one to appoint Scalia's replacement.