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

An amicus curiae is a person or organization that is not a party to a case in an appellate court, but participates to provide additional information or insight. This Latin term translates to “friend of the court.” In the United States, amicus curiae briefs (or “friend of the court” briefs) are filed to help the court make an informed decision. In North Dakota, an amicus curiae may file a brief in an appellate court to provide evidence or arguments that neither party put forth. This evidence or argument can help the court make a decision on the case. This type of brief is helpful in circumstances where a party to the case may not have all the pertinent information or when a specialized issue needs to be addressed. When an amicus curiae brief is filed in an appellate court in North Dakota, the court will take into consideration the arguments brought forth. However, just because an amicus curiae brief is filed does not guarantee that the court will take the argument into consideration. The court may decide to disregard the argument or evidence if it does not seem relevant to the case. The role of an amicus curiae is to provide an unbiased, impartial source of information or argument to the appellate court. This can be an invaluable resource to the court when making a decision.

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