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 is allowed to provide legal advice to an appellate court without formally participating in the case. This type of legal assistance is provided in Indiana when an appellate court may need an outside opinion or additional facts on a given case. The amicus curiae may file a brief – a legal document submitted by a non-party in a case – or present oral arguments during hearings. In Indiana, an amicus curiae must be approved by the appellate court prior to filing a brief or making oral arguments. The court will consider whether the amicus curiae’s involvement would assist the court in deciding the legal issues presented and whether the opinion or facts are not already on record. An amicus curiae cannot advocate a particular party’s position, however; they must remain unbiased and objective. Rather, the purpose of the amicus curiae is to provide expertise, insight, or understanding on a legal issue that may be of relevance to the case. This could include providing clarification on a particular legal concept, offering an opinion on how a similar case was handled, or offering an alternative solution to the court. Ultimately, an amicus curiae’s role in an appellate court in Indiana is to assist the court in making a decision by providing a different perspective or insight on the legal issues at hand.

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What is the role of an amicus curiae in an appellate court?

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