AMICUS CURIAE
Literally, friend of the court.
A person with strong interest in or views on the subject matter of an
action, but not a party to the action, may petition
the court for permission to file a brief, ostensibly
on behalf of a party but actually to suggest a
rationale consistent with its own views. Such ami-
cus curiae briefs are commonly filed in appeals
concerning matters of a broad public interest; e.g.,
civil rights cases. They may be filed by private per-
sons or the government. In appeals to the U.S.
courts of appeals, an amicus brief may be filed only
if accompanied by written consent of all parties, or
by leave of court granted on motion or at the
request of the court, except that consent or leave
shall not be required when the brief is presented by
the United States or an officer or agency thereof.
An amicus curiae educates the court on
points of law that are in doubt, gathers or organ-
izes information, or raises awareness about
some aspect of the case that the court might
otherwise miss. The person is usually, but not
necessarily, an attorney, and is usually not paid
for her or his expertise. An amicus curiae must
not be a party to the case, nor an attorney in the
case, but must have some knowledge or perspec-
tive that makes her or his views valuable to the
court.
The most common arena for amici curiae is
in cases that are under appeal (are being recon-
sidered by the court) and where issues of public
interest—such as social questions or civil liber-
ties—are being debated. Cases that have drawn
participation from amici curiae are those involv-
ing CIVIL RIGHTS (such as 1952’s BROWN V.
BOARD OF EDUCATION), CAPITAL PUNISHMENT,
environmental protection, gender equality,
infant ADOPTION, and AFFIRMATIVE ACTION.
Amici curiae have also informed the court about
narrower issues, such as the competency of a
juror; or the correct procedure for completing a
deed or will; or evidence that a case is collusive
or fictitious—that is, that the parties are not
being honest with the court about their reasons
for being there.
The privilege that friends of the court are
granted to express their views in a case is just
that: amici curiae have no right to appear or to
file briefs. Unless they represent the govern-
ment, amici curiae must obtain leave (permis-
sion) to do so from the court, or consent of all
parties in the case, before filing.No court is obli-
gated to follow or even to consider the advice of
an amicus curiae, even one it has invited.
The principle that guides the appropriate
role of a friend of the court is that he or she
