Amicus Curiae


Amicus Curiae



Background information on Amicus Curiae

Amicus curiae (plural amici curiae) is a legal Latin phrase, literally translated as "friend of the court," that refers to someone, not a party to a case, who volunteers to offer information on a point of law or some other aspect of the case to assist the court in deciding a matter before it.[1]. The information may be a legal opinion in the form of a brief, testimony that has not been solicited by any of the parties, or a learned treatise on a matter that bears on the case. The decision whether to admit the information lies with the discretion of the court.

The situation most often noted in the press is when an advocacy group files a brief in a case before an appellate court to which it is not a litigant. Appellate cases are normally limited to the factual record and arguments coming from the lower court case under appeal, and attorneys focus on the facts and arguments most favorable to their clients. Where a case may have broader implications, amicus curiae briefs are a way to introduce those concerns, so that the possibly broad legal effects of court decisions will not depend solely on the parties directly involved in the case.

In prominent cases, amici curiae are generally organizations with sizeable legal budgets. Non-profit legal advocacy organizations such as the American Civil Liberties Union or the Electronic Frontier Foundation frequently submit such briefs to advocate for or against a particular legal change or interpretation. If a decision could affect an entire industry, companies other than the litigant(s) may wish to have their concerns heard. In the United States, Federal courts often hear cases involving the constitutionality of state laws: other states may file briefs as amici curiae when their laws are likely to be affected.

Amici curiae that do not file briefs often present an academic perspective on the case. For example, if the law gives deference to a history of legislation of a certain topic, a historian may choose to evaluate the claim using his expertise. An economist, statistician, or sociologist may choose to do the same.

The court has broad discretion to grant or deny permission to act as amicus curiae. Generally, cases that are very controversial will attract a number of such briefs.





Ontario judiciary takes on province in bid to raise legal-aid fees  -  29 May 2008
Globe and Mail,Judge McKinnon awarded defence counsel Catherine Huot a fee of $150 an hour to represent Allen Tehrankari as an amicus curiae (friend of the court) - well

Request to Transfer Munyakazi’s Case to Rwanda Denied  -  29 May 2008
Organisation de la Presse Africaine (Communiqués de presse),The Trial Chamber granted amicus curiae status to the Republic of Rwanda, the Kigali Bar Association, Human Rights Watch and the International Criminal

Ceasing to be a substantial holder from MQG  -  29 May 2008
Sydney Morning Herald,LIMITED AUSTRALIA AMAZON PARTICIPACOES DO BRASIL SA BRAZIL 106 608 422 AMICUS CURIAE PTY LIMITED AUSTRALIA 124 437 609 ASIAN PACIFIC PROPERTY 2007 PTY

Calif. Justices Appear to Favor Lesbian in Dispute Over Artificial ...  -  29 May 2008
Law.com (subscription),The case, which attracted an extraordinarily high 40 amicus curiae briefs -- most pro-gay rights -- was initiated in 2001 when Guadalupe Benitez sued Drs.

IFP joins bid to save Scorpions  -  May 16, 2008
Independent Online,On Wednesday the ACDP, DA, ID and UDM filed a joint submission in the High Court as amicus curiae in the application brought by Johannesburg businessman

19 + 2 for parental rights  -  May 22, 2008
California Catholic Daily,Nineteen members of the House of Representatives on Tuesday filed an amicus curiae brief on behalf of homeschooling families in a court case that could

Uprooting of 2332 trees in Taj area, SC seeks up affidavit  -  May 12, 2008
Zee News,Amicus curiae Krishan Mahajan, who is assisting the special bench dealing with environmental hazards posed to the historic structure, had earlier complained

Contempt of court and the media  -  May 13, 2008
The News - International,As rightly pointed out by Senator Babar Awan on Monday, as he appeared before the bench and was made an amicus curiae (a 'friend of the court',

Glenister ready for political backup  -  May 12, 2008
Independent Online,...confirmed that Glenister had met the party's parliamentary leadership on Thursday and that the DA had agreed in principle to be an amicus curiae.

Alcala gets status as 'friend of court'  -  May 25, 2008
Topeka Capital Journal,The term amicus curiae, or "friend of the court," refers to someone who isn't a party to a case but volunteers to offer information to help the court decide

Court to rehear home school case  -  May 13, 2008
The Union of Grass Valley,But in cases of particular public significance, a court may ask for amicus curiae ("friend of the court") briefs from government agencies or relevant

Schwarzenegger, US representatives express their support for ...  -  May 22, 2008
Catholic News Agency,Schwarzenegger and California’s attorney general filed an amicus curiae (friend of the court) brief in favor of homeschooling. Schwarzenegger and Brown’s

Denominations Join Episcopalian Diocese in Fight Over Church Property  -  May 20, 2008
ChristianityToday.com,The amicus curiae brief is a sign of how closely Protestants are following the multimillion-dollar battle between the Episcopal Church and 11 conservative

The Firearms Column  -  May 13, 2008
Maine Antique Digest,It rallied Congress to show tangibly its support by filing amicus curiae briefs. Latin for "friend of the court," the briefs indicate agreement and backing

SC adjourns hearing of Rs54 bn debt write-off case  -  May 14, 2008
The News - International,Supreme Court senior lawyer AK Dogar, who was appointed as amicus curiae (Friend of court) to assist the court in the case, concluding his arguments

AJC Deeply Concerned Over States Voter ID Initiatives  -  May 14, 2008
American Jewish Committee (press release),AJC has joined as amicus curiae in a number of cases on the side of strong enforcement and broad implementation of voting rights.

KLA: Congress Hears From LMA On Equine Welfare  -  May 13, 2008
CattleNetwork.com,These facilities were forced to comply with provisions of the federal Humane Slaughter Act. LMA filed an amicus curiae brief with the Supreme Court in

Glenister seeks opposition backing for bid to save Scorpions  -  May 11, 2008
Legalbrief (subscription),DA spokesperson Paul Boughey confirmed Glenister had met the party's parliamentary leadership and that the DA had agreed in principle to be an amicus curiae

Bar association weighs support for suspended Fulton County judge  -  May 9, 2008
Schenectady Gazette,...in special session at 3 pm Monday to decide whether to file a motion with the court seeking permission to submit the so-called "amicus curiae" brief.

Desperate to play in IPL, Shoaib seeks temporary stay on ban  -  May 3, 2008
Hindu,Farrukh, a retired judge of the Lahore High Court, said he had appointed a noted lawyer as amicus curiae to help the tribunal handle the case.

Rwanda: ICTR Orders Probe Into Missing Witness  -  May 20, 2008
AllAfrica.com,..."The trial Chamber has instructed the Office of the Registrar to appoint an Amicus Curiae to investigate the motive behind the escape of the witness,"

Call for Congo rebel charges to cover rape  -  May 14, 2008
ISN,Her submission took the form of an "amicus curiae" (friend of the court") brief, which may now be used to assist judges in the case.

Judge rejects brief in poultry case  -  May 6, 2008
Muskogee Daily Phoenix,...“The term ‘amicus curiae’ means friend of the court, not friend of a party.� • The poultry companies named as defendants in the clean water lawsuit are

In Brief.......  -  May 17, 2008
Dispatch Online,On Wednesday the ACDP, DA, ID and UDM filed a joint submission in the High Court as amicus curiae (friend of the court) in the application brought by

New York Blacks support Black oppression  -  May 22, 2008
Amsterdam News,For example, the United States was prompted to file amicus curiae brief in Brown v. Board of Education after Robeson charged genocide in the United Nations.

Media challenges Divorce Act  -  May 9, 2008
Independent Online,However, the Media Monitoring Project, given permission by the court to join the application as amicus curiae (friend of the court), said that while they

16 years in jail, trial yet to begin  -  May 8, 2008
Times of India,Zubin Bharda, the amicus curiae appointed by the High Court to assist it in this case, said that after 16 years, CBI has forwarded another proposal to Pawar

9th Circuit Deals Blow to Military's 'Don't Ask, Don't Tell' Policy  -  May 21, 2008
Law.com (subscription),While Lambda Legal filed an amicus curiae brief urging strict scrutiny, legal director Jon Davidson praised the court's "modest" ruling, which he said was

On side of Central Bank  -  May 8, 2008
The Nation Newspaper,What Dr Marion Williams may not have in her hands is an "amicus curiae" who understands his role in society. She must stand firmly in control of the savings

Taxpayers United: Grassroots Taxpayers Rescue 'Relevance' of Now ...  -  May 6, 2008
FOXBusiness...to vote for only citizens of the United States by submitting Amicus Curiae Briefs in five state courts last fall, including the Michigan Supreme Court,

Broadcast of execution forces Japan to debate death penalty  -  May 6, 2008
guardian.co.uk,The centre recently filed an amicus curiae - or "friend of the court" - brief on behalf of Masaru Okunishi, an 81-year-old Japanese death row convict who

Change in substantial holding for DUE  -  May 7, 2008
Sydney Morning Herald,LIMITED AUSTRALIA AMAZON PARTICIPACOES DO BRASIL SA BRAZIL 106 608 422 AMICUS CURIAE PTY LIMITED AUSTRALIA 124 437 609 ASIAN PACIFIC PROPERTY 2007 PTY

Bar Council's study raises eyebrows  -  May 2, 2008
Times of India,Senior advocate Harish Salve, who is the amicus curiae before the Forest Bench, said it would be better for the court to ignore such activities by BCI.

Over 800 trees cut at Siri Fort for Games, SC told  -  May 2, 2008
Times of India,Amicus curiae Harish Salve, who had accompanied solicitor general GE Vahanvati and lawyer residents of the south Delhi locality to inspect the extent of

Centre-SC tiff over forest panel ends  -  May 2, 2008
Times of India,...comprising Chief Justice KG Balakrishnan and Justices Arijit Pasayat and SH Kapadia after amicus curiae Harish Salve vouched for the experts’ integrity.

Trade groups back Deere in 401(k) fee litigation  -  May 19, 2008
FinancialWeek (subscription),The ERISA Industry Committee, the American Benefits Council and the National Association of Manufacturers jointly filed an amicus curiae, or “friend of the

California High Court Legalizes Same-Sex Marriage  -  May 15, 2008
Law.com (subscription),Late last year, the high court had received 45 separate amicus curiae briefs -- the most in California Supreme Court history -- with 30 favoring same-sex

Scorpions get huge support  -  May 15, 2008
Sowetan,The ACDP, DA, ID and UDM have filed a joint submission in the high court as amicus curiae, or friends of the court, saying the decision to pursue

UC Davis Experts: Gay Marriage  -  May 15, 2008
UC Davis,Psychologist Gregory Herek was one of the authors of an amicus curiae brief submitted by the American Psychological Association and other leading mental

Kevin Johnson: New law school dean  -  May 15, 2008
UC Davis,He is co-author of two amicus curiae briefs submitted to the US Supreme Court in immigration cases. A 1983 graduate of Harvard Law School, where he served

Water meter judgment a victory for socio-economic rights  -  May 13, 2008
Legalbrief (subscription),COHRE - represented by the Legal Resources Centre - intervened as an amicus curiae in the case. Liebenberg and Conteh argue that the judgment was

LMA: Congress More Understanding Of Horse Ban's Bad Consequences  -  May 12, 2008
CattleNetwork.com,LMA in February filed an “amicus curiae� (friend of the court) brief with the Supreme Court, asking it to overturn the Illinois law and the federal appeals

Arrest of May 12 Karachi tragedy culprits demanded  -  May 11, 2008
The News - International,She regretted that the Sindh High Court was hearing the case regarding the May 12 occurrence and Barrister Faiz Isa was appointed amicus curiae,

Kony meets elders today  -  May 11, 2008
New Vision,The appeals shall be either to the Court of Appeal or to a special appeals chamber with special procedures, including Amicus Curiae (expert legal

Federal Circuit Hears Case That Could Stem Software Patents  -  May 11, 2008
SYS-CON Media,Tying the standard to a machine could take out software, lawyers opposing the PTO say, which is why the case has attracted about 30 amicus curiae briefs.

SC adjourns hearing of  -  May 8, 2008
The News - International,During the last proceedings, the court had deputed three senior lawyers, including Abdul Hafiz Pirzada, SM Zafar and AK Dogar, as 'amicus curiae' (friends

HC wants to know what is being done about tainted cops  -  May 8, 2008
Chandigarh Tribune,Before parting with the orders, the Judges appointed advocate Navkiran Singh as amicus curiae (friend of the court) and asked the state to file its reply

SC adjourns hearing of Rs 54 billion write off loan case for May 13  -  May 8, 2008
Associated Press of Pakistan,Syed Sharifuddin Pirzada and AK Dogar advocate also appeared before the court as amicus curiae to assist the court on the matter.

Note to Presidential Preference Candidates, News Editors ...  -  May 7, 2008
PR Newswire (press release),He submitted Amicus Curiae Briefs in five state courts last fall, including the Michigan Supreme Court, and testified in defense of constitutional grassroot

PSB scolds Entergy over license filings  -  May 7, 2008
Brattleboro Reformer,In its response, the UWUA said that if the PSB would not grant it intervenor status, it should at least give the union amicus curiae, or friend of the court

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