What is an amicus curiae brief?
An amicus curiae brief is a legal document filed by someone, such as an individual or organization, who is not a direct party to the case, but nonetheless has an interest in the outcome. The purpose of the amicus curiae brief is to offer the court a unique perspective and additional information to help it reach a decision. In Indiana, an amicus curiae brief can be filed in both appellate and trial court cases. An amicus curiae brief is sometimes referred to as a “friend of the court” brief, because the filing party is acting as an advocate for the court, helping to make sure the court has all the information it needs to make a fair and just decision. The amicus curiae brief typically presents an outsider’s perspective to the court on the case before it, offering an analysis of the legal issues and context surrounding the dispute. In Indiana, any interested party can request permission to file an amicus curiae brief. The court can grant permission to file if it finds that the brief contains helpful information and the filing party is not attempting to interfere in the proceedings. If permission is granted, the parties to the case are typically allowed to respond to the amicus curiae brief, and the court must consider the brief along with oral arguments and other pleadings before issuing its ruling.
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