An amicus curiae brief — Latin for “friend of the court” — is a legal document filed by someone who is not a party to a case but who offers information, expertise, or insights that may assist the court in deciding a matter. Amicus briefs help courts understand broader issues, consequences, or perspectives that the immediate parties may not fully address.
History and Origins
The tradition of amicus curiae briefs dates back to English common law, where non-parties would sometimes offer information to help judges reach better-informed decisions. Over time, especially in the United States, the practice became formalized. Today, amicus briefs are a vital part of appellate and Supreme Court litigation, providing courts with broader context and independent analysis on important legal and public policy issues.
Purpose of Amicus Curiae Briefs
The core purpose of an amicus brief is to assist the court — by offering insights distinct from the arguments presented by the litigants themselves. An amicus brief may highlight legal principles, scientific findings, historical context, or practical consequences that the parties have overlooked or underdeveloped. In doing so, amici help ensure that courts make decisions with a fuller understanding of the issues at stake.
Filing amicus curiae briefs is an important way for nonprofits, legal organizations, and academic groups to participate in the judicial process without representing a specific client. By offering expertise in areas such as constitutional rights, scientific evidence, public policy, or trial fairness, public interest organizations can help courts make decisions that better serve justice and the public good. Amicus briefs are a tool for advocacy, education, and reform — grounded in principles of independence and service to the court.
Fair Trial Analysis and Amicus Curiae Briefs
At Fair Trial Analysis, we file amicus curiae briefs to promote the fair administration of justice. Our mission is to provide independent, scientific analysis of trial fairness — not to advocate for any particular party, but to help courts understand whether trial errors or omissions likely affected case outcomes. Through our amicus work, we aim to bridge the gap between legal argument and empirical evidence in important cases, supporting judges with objective research in the interest of justice and fairness.