Writing an Amicus Brief

Note: Want to skip the guide and go straight to the free templates? No problem - scroll to the bottom.
Also note: This is not legal advice.

Introduction

Writing an amicus brief is a complex and important task for any lawyer as it provides invaluable guidance to the court, helping it to make an informed decision based on facts and legal precedent, rather than emotion or bias. But with Genie AI’s template library and millions of data points teaching its AI what a market-standard amicus brief looks like, anyone can draft the perfect legal document - all without having to pay for costly lawyer fees.

Our free template library provides step-by-step guidance on how to write an amicus brief that is well-reasoned and thoroughly researched. The purpose of the document is twofold: firstly, providing additional context to the court’s understanding of facts and background information; secondly offering a different perspective which could influence the court’s interpretation of applicable laws.

To do this effectively, lawyers must ensure their brief is convincing and has evidence that supports its argument. It should include references from both primary sources – such as legal cases – as well as secondary sources that offer insights into related areas/ sectors which may be relevant to the case in hand.

Moreover, including a comprehensive overview of how the court’s decision could affect wider society can be especially compelling when deciding cases with far-reaching consequences – demonstrating exactly why an amicus brief can be such a powerful tool in influencing outcomes.

At Genie AI we understand that creating an effective amicus brief requires careful consideration and thorough research; but with our community template library at your disposal you don’t have to go it alone! With access to hundreds of customizable templates you’re guaranteed peace of mind knowing your briefs are always up-to-date with industry standards – so you can focus less on administrative tasks and more on getting results! So read on for our step-by-step guide today or find out more about our free template library now!

Definitions (feel free to skip)

Complaint: A formal legal document that is filed with a court and states the facts and legal grounds for a lawsuit.

Answer: A legal document that is filed in response to a complaint and provides an argument in defense of the defendant.

Motions: A written request to the court to rule or order something in favor of the person or entity that filed the motion.

Precedents: A court decision or set of court decisions that are used as a source of legal authority.

Formatting Requirements: Specific guidelines for the formatting of a document, including font size, spacing, and pagination.

Contents

• Overview of the Purpose and Significance of an Amicus Brief
• Gather the Necessary Materials for the Case: Legal Documents, Case Briefs, etc.
• Research the Case and Understand the Issues Involved
• Identify Any Relevant Precedent
• Draft the Amicus Brief
• Determine the Focus of the Amicus Brief
• Review the Formatting Requirements
• Outline the Argument in a Logical Manner
• Include Any Necessary Supporting Evidence
• Submit the Amicus Brief to the Court
• Formatting the Amicus Brief
• Ensure Proper Pagination
• Use Standard Fonts and Spacing
• Make Sure the Document is Properly Titled
• Revising and Editing the Amicus Brief
• Check for Accuracy and Clarity
• Double-Check All Citations and Footnotes
• Considerations for Filing Multiple Amicus Briefs
• Research the Availability of Multiple Amicus Briefs
• Make Sure to Address Different Aspects of the Case
• Sign and Finalize the Amicus Brief
• Check for Compliance with the Court’s Requirements
• Submit the Final Document

Get started

Overview of the Purpose and Significance of an Amicus Brief

• Understand the purpose of an amicus brief: to provide a court with an outside, unbiased legal opinion on a case
• Research the court’s rules and procedures for filing an amicus brief
• Identify the legal issue or questions in the case
• Consider the potential impact of the case on wider society
• When you have a clear understanding of the purpose and significance of an amicus brief, you can move on to the next step of gathering the necessary materials for the case.

Gather the Necessary Materials for the Case: Legal Documents, Case Briefs, etc.

• Collect all available legal documents related to the case, including any relevant court opinions, briefs, pleadings, or other documents
• Research and understand the facts of the case and the issues that are being argued
• Read any relevant case briefs and pleadings to understand the legal positions of the parties involved
• Gather any additional documents or materials that may be relevant to the case and your arguments
• When you have gathered all the materials needed, you can move on to the next step: researching the case and understanding the issues involved.

Research the Case and Understand the Issues Involved

• Read and analyze the legal documents, case briefs, and other materials collected from previous step
• Read and study the case law to understand the relevant statutes, regulations, and decisions that pertain to the case
• Research and review the facts of the case to understand the issues involved
• Identify the legal questions to be addressed in the amicus brief
• Research the legal arguments of both sides
• Identify the legal issues that need to be addressed in the amicus brief

When you have a clear understanding of the facts and legal questions of the case, you can check this step off your list and move on to the next step.

Identify Any Relevant Precedent

• Research relevant case law and legal precedent that could support your amicus brief
• Look for relevant court decisions, articles, books, and other materials that could provide additional support for your position
• Make sure to consider the facts and legal issues of the case you are writing an amicus brief for, as well as the facts and legal issues of any precedent you are relying on
• Once you feel you have identified all relevant precedent, you can move on to the next step of drafting the amicus brief.

Draft the Amicus Brief

• Research the issue and relevant law to make sure you understand the full context of the case
• Outline the main points of the argument you want to make
• Draft the brief, making sure to include a clear introduction and statement of facts, a concise recital of legal arguments, and a strong conclusion
• Review and revise the brief to make sure it is accurate and clear
• When you are satisfied with the brief, it is ready to submit to the court

Determine the Focus of the Amicus Brief

• Identify the legal issue or issues that the amicus brief will address
• Research the applicable laws and legal precedents related to the legal issue or issues
• Develop a clear and concise argument to support your position on the legal issue or issues
• Confirm that the amicus brief will be helpful to the court, as it should be non-partisan and provide valuable insight or information on the legal issue
• When you have identified the legal issue or issues and developed an argument to support your position, you can move on to the next step of reviewing the formatting requirements.

Review the Formatting Requirements

• Check the rules for the specific court in which the amicus brief will be filed
• Understand the various formatting requirements such as margins, font size, line spacing, and document length
• See what other documents such as a table of contents should be included
• Gather the necessary documents and make sure they meet the formatting requirements
• Once you have all the documents in the correct format, you can move on to the next step.

Outline the Argument in a Logical Manner

• Identify the court and any cases that need to be cited
• Identify the legal argument(s) you will make
• Construct a logical structure for the brief
• Divide the brief into the necessary sections (e.g. introduction, argument, conclusion)
• Arrange the argument into a clear, concise, and logical order
• Use headings and subheadings to further organize the argument
• Use transitions between paragraphs to ensure a smooth flow of the argument

When you’re done outlining your argument, you should have a clear structure and logical order to your brief. You should be able to easily see how your argument will be organized and how the different components of your argument fit together.

Include Any Necessary Supporting Evidence

• Research relevant court decisions, legal documents, and other sources of evidence to include in the amicus brief
• Gather evidence that supports the argument you laid out in the previous step
• Make sure you include enough evidence to support your argument and make a strong case
• Check that the evidence is appropriate and relevant
• Once you have compiled all the necessary evidence, you have completed this step and can move on to submitting the amicus brief to the court

Submit the Amicus Brief to the Court

• File the brief with the court clerk in the jurisdiction where the case is being heard
• Make sure to include all necessary documents such as the cover letter, table of contents, and any other related documents
• Serve copies of the brief to the parties involved in the case
• Make sure to keep a copy of the brief for your records
• Once you have filed, served, and kept a copy of the brief, you can check off this step and move on to formatting the amicus brief.

Formatting the Amicus Brief

• Use 12-point font, set line spacing at 1.5, and use 1-inch margins
• Use double-spacing after headings and between paragraphs
• Begin each page with a 3-inch top margin
• Include a cover page with the name of the court, case name, and the title of the brief
• Include a Table of Contents, Table of Authorities, and Certificate of Compliance
• When finished, save the document in PDF or Word format

You’ll know you can move on to the next step when you have followed all the formatting guidelines listed above.

Ensure Proper Pagination

• Number each page consecutively in the top-right corner of the page.
• Use the same number style and font size for the page numbers throughout the brief.
• Verify that the last page number in the brief matches the page count.
• Check that the page numbers appear in the table of contents.
• You know you are done with this step when the pagination of your brief is complete and accurate.

Use Standard Fonts and Spacing

• Choose a standard font, such as Times New Roman, Arial, or Calibri, and use it consistently throughout the document
• Use a font size of 12-point
• Set 1 inch margins on all sides
• Double-space the entire document
• Include a line between each paragraph

When you’ve finished choosing a font, font size, and margins, as well as double-spacing the document and including a line between each paragraph, you can move on to the next step.

Make Sure the Document is Properly Titled

• Ensure that the document title is formatted in the same way as all other documents in the court system, usually using the name of the court, the case number, and the title of the document
• For example, the title might look like: ““United States Supreme Court, Docket No. 20-123, Amicus Curiae Brief of ABC Company””
• Double check that the title is correct before submitting the document to the court
• When the title is finalized and consistent with other court documents, the step is complete and you can move on to the next step of revising and editing the amicus brief.

Revising and Editing the Amicus Brief

• Read through the document and make any necessary edits for grammar, spelling, syntax, and clarity
• Check for any inaccuracies in the content that needs to be corrected
• Make sure all points made are logical, compelling, and well-supported
• Ensure that the brief flows logically from point to point
• Double check that all citations are accurate and reference the proper sources
• Make sure that the document adheres to all relevant formatting requirements

Once you have completed the revisions and edits, you can check this step off your list and move on to the next step.

Check for Accuracy and Clarity

• Read through the document to ensure facts and arguments are accurate and data is properly cited
• Ensure all facts are relevant to the legal arguments
• Ensure all legal arguments are logically consistent
• Make sure the arguments are clear and easy to follow
• Double-check all citations and footnotes
• Make sure the formatting and language are appropriate
• Once you have checked for accuracy and clarity, you can move on to the next step in the process.

Double-Check All Citations and Footnotes

• Go through each citation and footnote to make sure they are accurate and up-to-date
• Check for any typographical errors or omissions
• Make sure all citations are in the proper format according to the court’s rules
• After double-checking all citations and footnotes, you can be sure that your amicus brief is ready to be filed with the court.

Considerations for Filing Multiple Amicus Briefs

• Determine if filing multiple amicus briefs is necessary - consider the amount of detail needed, the complexity of the case, if the court has requested multiple briefs, if the amici are in agreement, etc.
• Consider the cost-benefit of filing multiple briefs - cost of filing multiple briefs, potential to influence the court, potential to influence public opinion, etc.
• Determine if the amicus curiae are in agreement about filing multiple briefs - consider the potential for overlap, potential for disagreement in the briefs, etc.
• Research the availability of multiple amici briefs - review the rules of the court, research precedents, research the parties involved, etc.
• When you have determined that filing multiple amicus briefs is necessary and have gathered the relevant information, you can check this step off your list and move on to the next step.

Research the Availability of Multiple Amicus Briefs

• Conduct an internet search for amicus briefs related to the case
• Look up the case in the legal database WestLaw to see if there are any amicus briefs filed in the case
• Contact the court to see if there are any amicus briefs filed that are not publicly available
• Check the records of the court to see if any amicus briefs have been submitted
• Search the library of the court to see if there are any amicus briefs related to the case

You will know you have completed this step when you have exhausted all available options of researching amicus briefs related to the case and have a list of any briefs filed.

Make Sure to Address Different Aspects of the Case

• Identify the key issues in the case and make sure you write an amicus brief that covers each of these issues
• Outline the arguments you want to make in the brief and make sure they support the side of the case you are arguing for
• Thoroughly research the topic and cite any sources you use to support your arguments
• Make sure to address any counterarguments you anticipate the opposition making
• When you have covered all of the issues, arguments, and counterarguments, you can check this step off your list and move on to signing and finalizing your amicus brief.

Sign and Finalize the Amicus Brief

• Have all parties who will be signing the brief review it and sign it.
• Ensure that all signatures are original and not photocopied.
• Make sure that all signatures have a date.
• Once all signatures have been collected, the brief is considered finalized and ready to be filed.
• You’ll know that you can check off this step and move on to the next one when you have collected all of the signatures.

Check for Compliance with the Court’s Requirements

• Ensure that the amicus brief complies with the court’s requirements and local rules, such as length, formatting, and deadlines
• Double-check the signature page and signature of counsel on the brief to make sure it is correct
• Make sure that all required and recommended documents are included, such as the cover page, table of contents, statement of interest, and argument
• Check that the amicus brief is properly cited and contains no plagiarized text
• Proofread and review the brief for accuracy and completeness

Once you have done the above, you can check off this step and move on to the next step, which is submitting the final document.

Submit the Final Document

• Ensure that the document is double-spaced and in a font size of 12-point type
• Check that all citations are in the proper legal format
• Include a table of contents and page numbers
• Include a certificate of service
• File the brief with the court, if applicable
• Send a copy to all other parties involved
• You can check off this step and move on to the next when you have completed all of the above steps and submitted the brief to the court.

FAQ:

Q: What is the difference between an Amicus Brief in the UK and USA?

Asked by Kaylee on May 22, 2022.
A: An Amicus Brief is a written document filed to a court by a non-party to the case at hand. In the UK, Amicus Briefs can be filed in civil or criminal cases before any court or tribunal. In the US, they can be filed in federal appellate cases and some state supreme court cases. The purpose of an Amicus Brief is to provide a legal opinion on a case from an outside perspective, often from an expert in the field. In the US, Amicus Briefs can also be used to provide information that may not have been included in the original case.

Q: When should I consider writing an Amicus Brief?

Asked by Isaiah on January 19, 2022.
A: Writing an Amicus Brief is a great way for lawyers to provide additional information and expertise to help courts make informed decisions on complex matters. It’s important to consider filing an Amicus Brief if you have a strong interest in the outcome of a particular case, or if you have unique insight or knowledge that could help inform a court’s decision. It may also be beneficial to file an Amicus Brief if there are no parties left in the case who are able to adequately argue their position. Additionally, Amicus Briefs can help supplement or even contradict arguments made by parties involved in the case and can prove invaluable when it comes to forming a complete picture of the issue at hand.

Q: What is the process for writing an Amicus Brief?

Asked by Emma on April 2, 2022.
A: Writing an Amicus Brief is an involved process that requires knowledge of both legal procedure and technical legal writing skills. Generally speaking, the process begins with researching the facts and issues at hand, followed by writing a draft of the brief and then filing it with the court. After filing, it is important to monitor any responses from the court and other parties involved in the case and make any necessary amendments or changes to your brief as needed throughout the proceedings. Additionally, depending on your jurisdiction, it may also be necessary for you to appear as an advocate for yourself or your organization during court proceedings related to your brief.

Q: Are there any jurisdictional differences when writing an Amicus Brief in Europe?

Asked by Michael on December 8, 2022.
A: Yes, there are jurisdictional differences when writing an Amicus Brief in Europe. Generally speaking, European countries follow similar procedures for filing an Amicus Brief but may have different rules regarding who can file one and how they should be formatted. Additionally, while some countries may require that briefs be filed directly with a court or tribunal prior to hearings being held on a particular matter, others may allow briefs to be filed after hearings have taken place but before a final decision has been reached. It is important to familiarize yourself with your particular jurisdiction’s laws and regulations regarding Amicus Briefs before you begin drafting one.

Q: How does writing an Amicus Brief differ for technology companies?

Asked by Isabella on June 11, 2022.
A: Writing an Amicus Brief for technology companies generally follows the same process as for any other type of company or organization but may differ depending on specific needs. For example, technology companies may need more specialized legal advice related to intellectual property rights or data privacy regulations than other types of organizations. Additionally, technology companies may need to include additional facts and evidence related to their product or services in order for their brief to be effective. Lastly, technology companies should be aware that their briefs may need additional scrutiny due to their reliance on cutting-edge technology and will want to ensure that their briefs conform with all applicable laws and regulations before they are filed with a court or tribunal.

Q: What elements should I consider when writing an effective Amicus Brief?

Asked by Noah on September 15, 2022.
A: When writing an effective Amicus Brief there are several elements which should be considered including outlining relevant facts and issues related to the case at hand; providing legal arguments which support your position; including citations from relevant legal sources; ensuring accuracy and completeness of all facts presented; being clear and concise when presenting arguments; and providing additional evidence as needed such as expert reports or affidavits which support your position. Additionally, it’s important that all briefs adhere to applicable formatting rules such as proper font size, margins and line spacing so that they are easily read by judges who will be making decisions based upon them.

Q: What resources are available if I need help with writing my Amicus Brief?

Asked by Abigail on March 24, 2022.
A: If you need help writing your Amicus Brief there are several resources available online which can provide guidance on proper formatting rules as well as tips for crafting effective legal arguments which support your position. Additionally many law firms offer services which can assist with researching relevant laws and regulations as well as drafting briefs tailored specifically for your needs. Lastly there are several websites which offer free templates which can help expedite the drafting process while ensuring accuracy and completeness of all facts presented in your brief.

Example dispute

Suing a Company for Breach of Contract:

• Plaintiff must provide evidence of the breach of contract in order to file a lawsuit.
• A plaintiff may reference an amicus brief in their lawsuit to demonstrate how a court of law has interpreted a particular legal issue that is relevant to their case.
• The plaintiff can use the amicus brief to support their argument as to why they should win their case.
• The plaintiff can also use the amicus brief to demonstrate that the company has acted in a way that is not in accordance with the law.
• If the plaintiff is successful in arguing that the company has breached their contract, the court may award damages to the plaintiff.
• The court may also issue an injunction to prevent the company from continuing to breach the contract.

Templates available (free to use)

Amicus Brief Eleventh Circuit
Amicus Brief Fifth Circuit
Amicus Brief Ma Appeals
Amicus Brief Second Circuit
Amicus Brief Sixth Circuit
Amicus Brief Third Circuit

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