Amicus Briefs: State Your Position:

A Friend of the Court….

'Amicus 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.

The information mav 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 an advocate group files a brief in a case before an appellate court to which it is not a litigant or part.

Appellate cases are normally limited to the factual record and arguments coming from the lower court's case under appeal; 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 sizable legal budgets. Non-profit legal advocacy organizations such as the American Civil Liberties Union frequently submit such briefs to advocate for or against a particular legal change or interpretation.

A “friend of the court” is an amazing opportunity for most any individual to present their feelings, independent of being a party to a case(s).