What is the role of an amicus curiae in an appellate court?
An amicus curiae (Latin for “friend of the court”) is an individual or organization that voluntarily provides information to a court to help decide a case. In Delaware, amicus curiae typically submit briefs in appellate court cases to provide additional information that may be helpful to the court’s decision making. In an appellate court, an amicus curiae may provide information on a legal issue or general facts that are not part of the record. Amicus curiae can also provide the court with a unique perspective that is not otherwise available in the case. For example, an amicus curiae may submit information about how a decision would affect the public, or provide information on how similar cases were decided in other jurisdictions. In Delaware, an amicus curiae must follow certain rules when submitting their brief. These include filing the brief with the court within the specified time frame, providing a certificate of counsel that states the amicus had the consent of all parties (or the court’s permission) to file the brief, and serving a copy of the brief on all parties. In general, an amicus curiae’s role is to provide the court with helpful information that may otherwise not be available to the court. By providing this information, the amicus curiae can help the court reach a fair and just decision.
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