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Can an Amicus brief be filed in a superior court case?

Updated: 8/21/2019
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Q: Can an Amicus brief be filed in a superior court case?
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How do outside groups become involved in a legal case?

By filing an Amicus Curiae brief. Amicus curiae is a Latin term meaning "friend of the court". A person or an organization which is not a party to the case but has an interest in an issue before the court may file a brief or participate in the argument as a friend of the court. An amicus curiae asks for permission to intervene in a case usually to present their point of view in a case which has the potential of setting a legal precedent in their area of activity, often in civil rights cases. Usually the court must give permission for the brief to be filed and arguments may only be made with the agreement of the party the amicus curiae is supporting, and that argument comes out of the time allowed for that party's presentation to the court.The term may also refer to an outsider who may inform the court on a matter a judge is doubtful or mistaken in a matter of law. An amicus curiae application by a non-relative may be made to the court in favor of an infant or incompetent person. The court may give the arguments in the amicus curiae brief as much or as little weight as it chooses.


Is an amicus curiae brief permitted in family court?

I suppose that it could be but, in my experience, I have never seen or heard of it being done.Definition follows:Amicus Curiae is a Latin term meaning "friend of the court". A person or an organization which is not a party to the case but has an interest in an issue before the court may file a brief or participate in the argument as a friend of the court. An amicus curiae asks for permission to intervene in a case usually to present their point of view in a case which has the potential of setting a legal precedent in their area of activity, often in civil rights cases. Usually the court must give permission for the brief to be filed and arguments may only be made with the agreement of the party the amicus curiae is supporting, and that argument comes out of the time allowed for that party's presentation to the court.The term may also refer to an outsider who may inform the court on a matter a judge is doubtful or mistaken in a matter of law. An amicus curiae application by a non-relative may be made to the court in favor of an infant or incompetent person. The court may give the arguments in the amicus curiae brief as much or as little weight as it chooses.


What are Amicus Curiae briefs and who can file them?

The vehicle through which representatives of special interest groups are able to express opinions on matters before the Court is called an amicus curiae (pl. amici curiae), or "friend of the court" brief (or sometimes academic paper) related to questions of law or fact in the case at bar.The group or individual filing the brief is not a party to the case, and has no legal standing to participate in litigation, but has an interest in the outcome. Often, the amicus presents a point of law or of psychological or sociological relevance to the case.In order to be eligible to provide an amicus curiae, a person or group not party to the litigation under review, but who believes the Court's decision may affect its interest, may file if: 1) the brief is accompanied by written consent of all parties; or, 2) they file a motion for leave to submit amicus curiae to the Supreme Court, identifying why the "friend" has an interest in the case, and explaining the reasons the submission may be useful to the Court.The Court is under no obligation to grant permission, nor to read the brief. Acceptance or rejection is solely at the Court's discretion, except when amici are filed by the United States, a U.S. agency, State, Territory, or Commonwealth. These are automatically accepted.Rule 37(1) of the Rules of the Supreme Court of the United States explains:"An amicus curiae brief that brings to the attention of the relevant matter not already brought to its attention by the parties may be of considerable help to the Court. An amicus curiae brief that does not serve this purpose burdens the Court, and its filing is generally not favored."At the request of chief counsel for either party, the Court may grant a motion of an amicus to participate in the oral argument. In this case, the Petitioner or Respondent (whichever is appropriate) must allocate part of his or her allotted 30 minutes for the amicus argument; the Court does not extend presentation time to accommodate additional speakers.(The last two paragraphs apply only to the Supreme Court of the United States.)Answer Normally, groups that have a financial, political, or philosophical reason to want the court to rule in a particular way in a given case ask the court for permission to file a brief as amicus curiae, and if the court grants permission then the group can do so.Answer In lower court cases, Amicus curiae or friend of the court is someone who brings to the courts attention some point of law or fact something which would otherwise have been overlooked. Usually this would be a member of the bar and occasionally the law officers are asked or are allowed to argue a case in which they are not instructed to appear.


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In August 2012, he filed an amicus brief defending Illinois' ban on same-sex marriage and urging the court to uphold it.


What is Illinois State Representative Paul Evans's position on the pending bill that would legalize same-sex marriage in Illinois?

In August 2012, he filed an amicus brief defending Illinois' ban on same-sex marriage and urging the court to uphold it.


Does eBay support or oppose same-sex marriage?

They support it. On February 27, 2013, eBay Inc. filed an amicus brief with the United States Supreme Court urging the court to strike down the Defense of Marriage Act and force the Federal Government to recognize same-sex marriages.


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