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The vehicle through which representatives of special interest groups are able to express opinions on matters before the Court is called an amicus curiae (pl. amici curiae), or "friend of the court" brief (or sometimes academic paper) related to questions of law or fact in the case at bar.

The group or individual filing the brief is not a party to the case, and has no legal standing to participate in litigation, but has an interest in the outcome. Often, the amicus presents a point of law or of psychological or sociological relevance to the case.

In order to be eligible to provide an amicus curiae, a person or group not party to the litigation under review, but who believes the Court's decision may affect its interest, may file if: 1) the brief is accompanied by written consent of all parties; or, 2) they file a motion for leave to submit amicus curiae to the Supreme Court, identifying why the "friend" has an interest in the case, and explaining the reasons the submission may be useful to the Court.

The Court is under no obligation to grant permission, nor to read the brief. Acceptance or rejection is solely at the Court's discretion, except when amici are filed by the United States, a U.S. agency, State, Territory, or Commonwealth. These are automatically accepted.

Rule 37(1) of the Rules of the Supreme Court of the United States explains:

"An amicus curiae brief that brings to the attention of the relevant matter not already brought to its attention by the parties may be of considerable help to the Court. An amicus curiae brief that does not serve this purpose burdens the Court, and its filing is generally not favored."

At the request of chief counsel for either party, the Court may grant a motion of an amicus to participate in the oral argument. In this case, the Petitioner or Respondent (whichever is appropriate) must allocate part of his or her allotted 30 minutes for the amicus argument; the Court does not extend presentation time to accommodate additional speakers.

(The last two paragraphs apply only to the Supreme Court of the United States.)

Answer Normally, groups that have a financial, political, or philosophical reason to want the court to rule in a particular way in a given case ask the court for permission to file a brief as amicus curiae, and if the court grants permission then the group can do so.

Answer In lower court cases, Amicus curiae or friend of the court is someone who brings to the courts attention some point of law or fact something which would otherwise have been overlooked. Usually this would be a member of the bar and occasionally the law officers are asked or are allowed to argue a case in which they are not instructed to appear.

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6y ago
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13y ago

Yes. Amicus Curiae Briefs are filed in the Supreme Court and in any other court that hears appeals. Since an appeal both applies to the particular case before the court and the issue of law and its enforcement in the area under that court of appeals, anyone affected by that law can file an Amicus Curiae Brief.

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Q: What are Amicus Curiae briefs and who can file them?
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Related questions

How do you persuade a judge in writing?

amicus curiae briefs


Amicus curiae briefs are written and submitted to the Court by?

outside Parties


How many amicus curiae briefs were filed for castle rock Colorado vs gonzales?

9 total, signed by 113 different organizations


Who are Amicus curiae briefs are written and submitted to the Court by?

They are submitted by amicus curie, or friends of the court. Usually these are people or organizations that are interested in the outcome of an appellate decision, even though they are not directly involved.


In a court case is a way for interest groups to share information and educate the court about a particular issue?

They may file an Amicus Curiae brief with the court. The Latin phrase means friend of the court.


What does Amicus curia mean?

Amicus curiae is a Latin term that translates to "friend of the court." It refers to a person or group who is not a party to a legal case but offers information or expertise to assist the court in making a decision. Amicus curiae briefs are often submitted by individuals or organizations with a strong interest or expertise in the subject matter of the case.


A person agency or interest group who is not a party to a case but who has an interest in its outcome may file?

Amicus Curiae


What is the origin of amicus curiae?

LATIN


An amicus curiae is brought by?

An amicus curiae is brought about by the need to take into account additional information on court cases, such as expert opinion.


Which direct strategy commonly used by interest group involves lawsuits, legal fees, and amicus curiae briefs?

using the court system


Define amicus curiae?

Friend of the court.


This is a friend of the Supreme Court?

amicus curiae