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Newly Released Supreme Court Guidelines for Amicus Curiae Briefs. November 25, 2019. Last month, the U.S. Supreme Court Office of the Clerk released new guidance in the form of a memorandum directed toward proposed amici seeking to appear before the high court. The memorandum elaborates on the Court’s “core requirements” for amicus briefs set forth in Rules 33.1, 34, and 37, and provides ...
An amicus curiae brief can provide valuable information to the Supreme Court about a technical area of the law, or a case’s larger implications for people and policies.
Public interest groups, legal clinics, and state Attorneys General file amicus briefs in the Supreme Court to provide data and perspective to the Justices to assist in deciding complex cases. For example, a well-crafted amicus brief can present argument or cite authorities not found in the parties’ briefs, and can play an important role in the rationale of a decision.
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Court Rules Rules of the Supreme Court (Effective July 1, 2019) (PDF); Summary of Proposed Rules Changes - Redline/Strikeout Version (PDF); Summary of Proposed Rules Changes - Clean Version (PDF); Historical Rules of the Supreme Court
The Court’s Rules and various forms of guidance to filers can be obtained on the "Rules and Guidance” page. The Court’s Rules are formally adopted by the Court, and set forth in detail the requirements for all filings and the procedures that the Court will apply to the resolution of cases.
As stated in the rules, an Amicus Curiae brief should bring to the attention of the Court relevant matter not already brought to its attention by the parties which 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 not favored.
Use Amicus Curiae when the filing party is a singular individual or single organization with official/legal name. Use Amici Curiae when there is more than one filing party or when there are a group of filers who are filing under a common banner, but where that grouping is not an official/legal title. Examples:
You should request consents from all parties as soon as possible. On Amicus Briefs filed at the petition stage, you must request consent at least 10 days prior to your deadline. > A blanket consent that some or all parties place on the docket. > A Motion for Leave to File an Amicus Brief which is granted by the Court.
Amicus briefs submitted in connection with a petition for a writ of certiorari, jurisdictional statement, motion for leave to file a bill of complaint, or petition for an extraordinary writ are limited to 6,000 words. Rule 33.1(g)(x). Amicus briefs submitted at the merits stage by entities identified in Rule 37.4 (i.e., governmental entities) are limited to 9,000 words. Rules 33.1(g)(xi) and 33.1(g)(xiii). Amicus briefs submitted at the merits stage by other individuals and entities are limited to 8,000 words. Rules 33.1(g)(xii) and 33.1(g)(xiv). Footnotes count toward word limits. Rule 33.1(d).
The first section of text of an amicus brief should be the interests of the amicus.Words included in this section count toward the word limit for the brief. If there are an unusually large number of amici joining the brief, it is permissible to include a listing of the amici in an appendix to the brief, but any description of the amici and of their interests in the case must be included in the body of the brief and must count toward the word limit for the brief.
The first footnote on the first page of text of an amicus brief must include certain disclosures concerning contributions to the brief. Rule 37.6. It should indicate whether counsel for a party authored the brief in whole or in part and whether such counsel or
The cover of an amicus brief must comply with all of the requirements applicable to the cover of other booklet-format briefs. Rules 33.1(e), 33.1(g) and 34.1. At the petition stage, an amicus brief should have a cream cover; at the merits stage, an
The deadline to file an amicus brief in support of a petitioner or appellant is 30 days after the case is placed on the docket or the Court calls for a response, whichever is later. The deadline to file an amicus brief in support of a motion for leave to file a bill of complaint in an original action is 60 days after the case is placed on the docket. Neither of these deadlines may be extended. The deadline to file an amicus brief in support of a respondent, defendant or appellee is the same as the deadline to file a brief in opposition or motion to dismiss or affirm; this amicus deadline is therefore extended when the deadline to file the brief in opposition or motion to dismiss or affirm is extended. Rule 37.2(a).
The traditional and predominant pronunciation is /uh-MEE-kuhs KYOOR-ee-I/. But in certain parts of the country, the shortened amicus often takes on the pronunciation /AM-i-kuhs/. This is thought by some to be an error, but many cultured judges say it that way. Branding the variant pronunciation an error would be silly and pretentious. Many lawyers vacillate between the two in daily speech. But if the full phrase is used, then /uh-MEE-kuhs/ is certainly preferred, perhaps even de rigueur.
Today, amicus brief outnumbers amicus curiae brief in print by a 2:1 ratio, and it outnumbers friend-of-the-court brief by a 29:1 ratio. The traditional and predominant pronunciation is /uh-MEE-kuhs KYOOR-ee-I/.
What’s the possessive form of amicus? Is it amicus’s or amicus’? You can go either way. The traditional rule expressed by Strunk & White was to add ‘s even to a word ending in s —hence Charles’s. But there’s an exception for biblical and classical names (hence Jesus’ suffering and Aristophanes’ plays ). As a classical word, amicus might fall within this exception (hence amicus’ filing ). The Chicago Manual of Style (16th ed. 2010) swept away this exception (hence amicus’s filing —see § 7.18). The Associated Press Stylebook has always dropped the extra s (hence amicus’ filing ). What have book publishers traditionally done? In modern print sources, the possessive amicus’ outnumbers amicus’s by a 10:1 ratio.
Not until the mid-1930s did the phrase amicus brief come into use, the word amicus being used attributively (as grammarians would put it). In fact, the full phrase amicus curiae brief was predominant in print from the 1930s until the early 1970s. Only in the mid-1970s did the less cumbersome form amicus brief become predominant in English-language books. Today, amicus brief outnumbers amicus curiae brief in print by a 2:1 ratio, and it outnumbers friend-of-the-court brief by a 29:1 ratio.
2014) shows that the phrase amicus curiae first appeared in English-language contexts in the 17th century. Even so, the phrase wasn’t used much until the early 19th century, and it didn’t really become commonplace in legal contexts until the early 20th. In fact, from the late 1700s until about 1900, the English translation, friend of the court, was more frequent in print than amicus curiae. The Latinism took off in 1900 and grew precipitately in use after 1950. Even so, because it’s a Latinism, some publications avoid it in favor of friend of the court —a prime example being The Wall Street Journal.
If you’re referring not to one amicus brief but two, are they amicus briefs or * amici briefs? (The asterisk, marking an incorrect form, should tip you off.) The first, naturally: amicus is being used adjectivally (or attributively). If you have two or more sick dogs at home, you have dog problems, not * dogs problems.
One last friendly question: should the phrase amicus curiae be italicized in normal use? No. It’s italicized here only because it’s being referred to as a term under discussion. Just as we might italicize she in a discussion of the word (some would put it in quotes instead), we italicize this phrase when the words “the expression” or “the term” are expressly used or implied right before it. To check on italicization generally, consult the 10th edition of Black’s Law Dictionary. Latinisms that have been fully anglicized have their headwords in nonitalic type; those that are still considered foreignisms are italicized.
Amicus briefs submitted in connection with a petition for a writ of certiorari, jurisdictional statement, motion for leave to file a bill of complaint, or petition for an extraordinary writ are limited to 6,000 words. Rule 33.1(g)(x). Amicus briefs submitted at the merits stage by entities identified in Rule 37.4 (i.e., governmental entities) are limited to 9,000 words. Rules 33.1(g)(xi) and 33.1(g)(xiii). Amicus briefs submitted at the merits stage by other individuals and entities are limited to 8,000 words. Rules 33.1(g)(xii) and 33.1(g)(xiv). Footnotes count toward word limits. Rule 33.1(d).
The first section of text of an amicus brief should be the interests of the amicus.Words included in this section count toward the word limit for the brief. If there are an unusually large number of amici joining the brief, it is permissible to include a listing of the amici in an appendix to the brief, but any description of the amici and of their interests in the case must be included in the body of the brief and must count toward the word limit for the brief.
The first footnote on the first page of text of an amicus brief must include certain disclosures concerning contributions to the brief. Rule 37.6. It should indicate whether counsel for a party authored the brief in whole or in part and whether such counsel or
The cover of an amicus brief must comply with all of the requirements applicable to the cover of other booklet-format briefs. Rules 33.1(e), 33.1(g) and 34.1. At the petition stage, an amicus brief should have a cream cover; at the merits stage, an
The deadline to file an amicus brief in support of a petitioner or appellant is 30 days after the case is placed on the docket or the Court calls for a response, whichever is later. The deadline to file an amicus brief in support of a motion for leave to file a bill of complaint in an original action is 60 days after the case is placed on the docket. Neither of these deadlines may be extended. The deadline to file an amicus brief in support of a respondent, defendant or appellee is the same as the deadline to file a brief in opposition or motion to dismiss or affirm; this amicus deadline is therefore extended when the deadline to file the brief in opposition or motion to dismiss or affirm is extended. Rule 37.2(a).