What is an amicus curiae brief?

An amicus curiae brief is a legal document submitted to an appellate court by an individual or organization not involved in the case but which has an interest in the outcome. These briefs are commonly referred to as “friend of the court” briefs. In North Carolina, the rules for filing an amicus curiae brief can be found in the Rules of Appellate Procedure. Generally, the Rules allow individuals or entities to submit a brief before the Court of Appeals if they believe they have an interest in the case or that the Court would benefit from their arguments. To do this, the individual or organization must meet certain requirements laid out in the Rules. The purpose of the amicus curiae brief is to offer an alternative perspective on the case or provide important information that the parties may have missed or overlooked. This type of brief can also be used to provide support for positions already taken by the parties, as long as the language and arguments in the brief do not contradict what the parties are arguing. When a court is considering an amicus curiae brief, it will usually require that the individual or organization be able to demonstrate that they have a unique interest in the case and will provide an argument of value to the court. An amicus curiae can only be heard if the court determines that it has something useful to add.

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What is an amicus curiae brief?

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