Role of Amicus Curiae
An amicus curiae is someone that offers advice in a case when amicus issues arise. But, this person is not directly involved in the case. The name translates from Latin to, “friend of the court.” So, someone who has not been recruited by the defense or the prosecution to support a particular side of the case, but someone who is nevertheless weighing in on the appeal, would be an amicus curiae. An amicus curiae gives testimony, advice, or introduces certain concerns in the case that both parties should take note of to assist in coming to a fair and just decision. Amici curiae only participate in an appeal if the outcome of the appeal has an effect on them.
An amicus curiae can file briefs with the court. In your appeal case, this might be the role that an amicus curiae takes on. Amicus curiae briefs can be essential aspects of an appeal case. This is because an amicus curiae brief can establish important information. This information regards legal arguments in the appeal that neither of the involved parties mention. The amicus curiae may also show how the outcome of the appeal might have an effect on other parties not directly involved in the appeal. Certain organizations file briefs in a case or appeal. They do this in order to attain media attention or to impress the members of the organization. In addition to submitting briefs to the court, the amicus curiae can take part in the oral argument in your case. They can do this so long as the court permits it.
Many of our lawyers at Ruane Attorneys have acted as amici curiae. They do this in order to assist the court in certain cases. Our role as amici curiae has helped us establish a better understanding of appeal cases and the appellate court. We can use our experience to establish your argument and help you get your appeal.
If an amicus curiae is involved in your case, you need to make sure you have an appellate lawyer representing you to ensure that the situation does not negatively impact your position. If you do not consent to the amicus curiae’s involvement in the appeal, or if your lawyer believes that it is not in your best interest, you can reject the amicus curiae, and his or her briefs will not be allowed in court. An appellate lawyer can help you determine if having an amicus curiae in your appeal is in your best interest.