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An amicus curiae, or “friend of the court”, is someone who is not a party to a case but can provide relevant information in the form of a written legal brief. Individuals and organizations can act as amicus curiae, as long as they cannot win or lose anything based on the outcome of the case. Advocacy organizations often present amicus briefs to promote specific policies, and people can consult a lawyer for assistance in filing a brief.
An amicus curiae is someone who is not a party to a case, but who can provide information that may be relevant to the case. This term is Latin for “friend of the court”. The amicus curiae most commonly provides information in the form of a written legal brief that will be considered by the judge in assessing the facts and questions of law raised in the course of the case. Many legal systems allow individuals to act as amicus curiae, although there may be some restrictions on who can be involved and when.
The amicus curiae cannot be a party to the case. Both individuals and organizations can act as friends of the court, as long as they are unable to win or lose anything based on the outcome of the case. The amicus curiae has an interest in the case and may have information, perspective, or knowledge on the matter that would make the friend of the court’s participation valuable.
Commonly, people become involved at this level when a case is about a social justice issue. For example, in cases challenging segregation, individuals may file amicus briefs both for and against segregation. Likewise, cases on topics such as reproductive rights, extending anti-discrimination protections to marginalized populations, and protecting legal rights often prompt a barrage of amicus briefs. However, an amicus curiae may also be involved in something such as a custody case, property settlement, or a wide variety of other situations.
Many advocacy organizations have a policy of presenting amicus briefs in cases relating to issues that concern them, using the briefs to add insight to legal cases with the goal of promoting specific policies. Am amicus brief could, for example, bring up differing interpretations of the law or laws that pertain to the case. Even if the lawsuit ends up going against the interests of the organization, the brief remains on the record and becomes part of the record, meaning it can be considered in the future or on appeal.
People who are not sure whether or not they can file a legal brief from the position of being an amicus curiae can consult a lawyer for specific advice and assistance in filing the brief. It is important to be aware that such briefs cannot be filed by people who could suffer loss or gain as a result of the decision. For example, a pharmaceutical company could not file an amicus brief in a case in which a rival is being sued if it could be shown that the pharmaceutical company could benefit from a particular outcome of the lawsuit.
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