Amicus curiae

An amicus curiae (lit.'friend of the court'; pl. amici curiae) is an individual or organization that is not a party to a legal case, but that is permitted to assist a court by offering information, expertise, or insight that has a bearing on the issues in the case. Whether an amicus brief will be considered is typically under the court's discretion. The phrase is legal Latin and the origin of the term has been dated to 1605–1615. The scope of amici curiae is generally found in the cases where broad public interests are involved and concerns regarding civil rights are in question.[1]

In American law, an amicus curiae typically refers to what in some other jurisdictions is known as an intervenor: a person or organization who requests to provide legal submissions so as to offer a relevant alternative or additional perspective regarding the matters in dispute. In the American courts, the amicus may be referred to as an amicus brief. In other jurisdictions, such as Canada, an amicus curiae is a lawyer who is asked by the court to provide legal submissions regarding issues that would otherwise not be aired properly, often because one or both of the parties is not represented by counsel.[2][3]

In international courts, legal submissions by intervenors are called amicus curiae observations.

  1. ^ "The Statement of Interest as a Tool in Federal Civil Rights Enforcement" (PDF). Harvard Civil Rights-Civil Liberties Law Review.
  2. ^ R v Kahsai, 2023 SCC 20.
  3. ^ "Legal Representation of Children in Canada. 5. Amicus Curiae". justice.gc.ca. Department of Justice Canada. Government of Canada. 3 February 2023. Archived from the original on 24 November 2022. Retrieved 21 June 2023. In some cases, the court may appoint amicus curiae in a case that involves children, so as to help the court in determining what is in the best interests of the children.