Amicus Curiae

Friend of the Court. A non-party to a proceeding that the Court permits to present its views.

Translated from Latin, it means “friend of the court” and refers to someone who has no relevance to any particular side in a case. Instead, they volunteer information regarding a point of law or something else relevant to the case that they feel may help the court in deciding a matter related to it. This information comes in different forms as well. One way is a legal opinion that is available as something known as a Brief. It may also be a Testimony that neither party solicited. It may also be through a discourse known as a treatise.


Many people often confuse the role of amicus curiae with someone who intervenes. We often see it played out, especially in the press, when an advocacy group files a Brief before a court where it is not a litigant, or member. This often happens in something known as an appellate court as well. This is where factual data and information from lower courts are argued.


There is a set of specific rules and regulations when an amicus curiae may be used in a court proceeding. Often used in the Supreme Court, the law specifies that one can use a legal Brief provided by an Americus curiae when it’s bringing attention to an issue that may be considered extremely helpful to the court itself and hasn’t yet been brought to light by either party. On the other hand, if it is felt that an amicus curiae Brief doesn’t bring new and helpful information, it’s considered to be a burden to the court. Under those circumstances, it will not be used. Although the term amicus curiae can be confusing to many, especially due to its Latin nature, it’s important to understand its role in our legal proceedings.