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How to submit an amicus brief in the USA

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This page is about the rules and formalities for submitting a valid brief. For help writing an effective brief, see our list of examples of good amicus briefs.

Rules and procedures

CAFC

For the CAFC, see rule #29 and others of: US CAFC Rules of Practice.

For "type-volume" limiations, see Federal Rule of Appellate Procedure 32 and Federal Circuit Rule 32.

Supreme Court

Can you help? basic info needed


Deadlines: There's no fixed amount of time, it depends on when the parties file their briefs, and the court has to make some decisions too. For Bilksi, I think we had the maximum, and it was four months. Certiorari was granted on 1 June and briefs were in by 1 October.

As a citizen or via a lawyer?

Ordinary citizens can submit amicus briefs, but the procedure is a little more complicated and the deadline falls a little bit earlier.

If the brief is submitted by a lawyer who is admitted to the bar of the court in question, the procedure is simpler.

Info to gather

  • Dates, timelines, where to find this info for a particular case

Related pages on ESP Wiki

External links

Example briefs