Appeals
Amicus Curiae
An amicus curiae, or friend of the court, is a non-party that files a brief offering the court a perspective the parties have not covered.
Trade groups, states, civil liberties organizations, and academics file them, usually on appeal and most heavily in the Supreme Court. A brief requires either the parties' consent or the court's leave, and it must disclose who wrote and funded it.
The useful ones bring something new: industry data, the practical consequences of a rule, or a historical argument. Briefs that merely repeat a party's position carry little weight.
Amicus practice is now a substantial part of appellate litigation. In the highest-profile cases dozens of briefs arrive, and courts sometimes rely on their factual context, which is why disclosure of funding has become a rule rather than a courtesy.
How it appears on a docket
MOTION for Leave to File Brief of Amici Curiae by twelve states in support of appellant. GRANTED; brief filed.
Governing rule
Fed. R. App. P. 29
Related terms
- Appellate Brief — An appellate brief is the written argument filed in a court of appeals explaining why the decision below should be affirmed or reversed.
- Petition for Certiorari — A petition for a writ of certiorari asks the Supreme Court to review a lower court's decision, which it agrees to do only rarely.
More on appeals
See this term in a real case
Search federal court records and read the filings where amicus curiae actually shows up. New to federal dockets? Start with how to find a federal case.