Amicus Curiae

Amicus Curiae

Amicus Curiae

An amicus curiae is a person or organization that is not a party but has an interest in the issues and seeks to inform the court through a brief. Filing generally requires party consent or leave of court.

Amicus participation is most common in appellate courts addressing questions with broad implications.

Alternative Names:

Friend of the Court, Amicus Filing

Why it Matters?

Amicus briefs matter most where a decision would affect an industry beyond the parties, and trade associations, insurers, and defense organizations coordinate filings for that reason. Their practical value is supplying context and consequences the parties cannot address, since the parties are constrained to their own records. Federal rules require disclosure of authorship and funding, which limits the use of nominally independent amici.

Frequently Confused with

Frequently asked questions

Who files amicus briefs?

Who files amicus briefs?

Trade associations, industry groups, government entities, and advocacy organizations with an interest in the legal question beyond the specific parties.

Is leave required to file?

Is leave required to file?

Generally either party consent or court leave, and federal rules require disclosure of who authored and funded the brief.