Oakland, CA asked in Contracts, Copyright, Employment Law and Real Estate Law for California

Q: Can an amicus curiae brief be filed in US District Court that is a regular case, NOT an appeal case?

i.e. are friend of the court briefs ONLY for appeals? A lot of references out there are for amicus curiae for appeals in State and Fed Court. Can such a brief be filed for a case that is NOT on/an appeal?

1 Lawyer Answer
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
Answered
  • Intellectual Property Lawyer
  • Beverly Hills, CA
  • Licensed in California

A: Friend of the court (amicus curiae) briefs are filed only in appeals, for non-parties to weigh in on what could be precedential legal issues. In lower courts, both state and federal, non-parties may not file papers but someone with substantial interest in the case might appear as an "intervenor" to bring motions and/or seek judgement.

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