Getting Amicus Briefs Read

Amicus briefs are a staple of appellate practice, especially in the U.S. Supreme Court and in a state's highest court. In a previous article, we addressed some of the strategic reasons why an entity might file an amicus brief to advance its own mission and agenda by bolstering another's case on appeal. Amicus briefs have become so integral to the appellate decision-making process that courts¹ as well as public interest organizations² have their own guidelines and practice pointers for the preparation and filing of these briefs, beyond the text of the rules of appellate procedure. Amicus briefs that stake out new ground or a different perspective on a case or legal issue can be invaluable to an appellate court. As Supreme Court Rule 37.1 states: "An amicus curiae brief that brings to the attention of the Court relevant matter not already brought to its attention by the parties may be of considerable help to the Court." The Court's Rule then cautions that "[a]n amicus