The Role of Amicus Curiae in Certiorari

In the rare case that the Supreme Court decides to grant a petition for certiorari, the petitioners are often zapped by unknown people sending their briefs under the

guise of something called amicus curiae! This legal Latin term can seem puzzling and even foreboding to some, but it simply translates into ‘friend of the court’.

What actually happens?
Once a petition for writ of certiorari is granted, the Supreme Court requires both parties to file legal briefs in favor of and against the motion. While both the

petitioner and respondent are outlining their arguments in briefs, outside parties who are not directly involved in the action are also permitted to file their briefs.

This is known as amicus brief and will support the outsider’s position. In fact, an amicus brief can even be filed at the petition for writ for certiorari stage itself.

An amicus brief can be filed by a person, group or organization -
•    to support an argument previously made by a party involved in the case.
•    to highlight new arguments other relevant matters that have not yet been raised in the case.
•    to support a particular outcome in the case.
•    to explain outside interest or stake in the particular case.
•    to influence the court’s decision in their favor.
•    to demonstrate to the court the social, political, legal or economic consequence of a certain decision.

Just like the writ petition format Supreme Court, the Supreme Court has formal rules in place governing various aspects of the amicus briefs filed by ‘friends of court’.

•    It can only be filed after obtaining written consent of all parties, or by leave of court granted on motion (except when filed by the United States or an officer or agency thereof, or by a State, Territory, Commonwealth, Possession, city, county or town). The brief can also be filed at the express request of the court.

•    The court also conditionally allows filing an amicus brief with the motion for leave (when a party withholds consent).
•    It should be filed within 30 days after the case is placed on the docket or a response is called for by the court, whichever is later. No extensions are allowed.
•    It should be within 15,000 words and should clearly outline suitable arguments or recommendations for the case to be ruled in a certain way.
•    It should have a green cover and should identify the party supported. Else, it should indicate whether it suggests affirmance or reversal.
•    Akin to writ petition format Supreme Court, this brief must also be in booklet format and 40 copies must be served with the court.
•    A 10-day prior notice of the amicus brief should be given to the respondent.
An amicus brief is considered as an advisory and often proves considerably useful to the court. However, the friends of court are not allowed to participate in the oral arguments (unless there are extraordinary reasons).

If you would like to add anything about amicus curiae, please mention in the comments below.