Amicus Curiae Brief Template

Amicus Curiae Brief Template

FRAP 29 vs. SUPREME COURT RULE 37 COMPARISON

PRE-FILING CHECKLIST

☐ Confirm permission basis: ☐ All parties consented (written consent obtained from all counsel) OR ☐ Motion for leave filed simultaneously with brief
☐ Brief filed within 7 days of principal brief of supported party (FRAP 29(a)(6))
☐ Word count confirmed: ≤ [applicable limit] words excluding exempted sections
☐ Cover color: GREEN (FRAP 32(a)(2)(A); Sup. Ct. R. 33.1(g))
☐ Corporate disclosure statement (FRAP 26.1 / Sup. Ct. R. 29.6) included if amicus is a corporation
☐ Authorship disclosure completed (FRAP 29(a)(4)(E)): identify whether party counsel authored brief
☐ Funding disclosure completed: identify all persons/entities who contributed money for brief preparation
☐ Brief presents perspective or argument not already made by parties (if duplicative, court may decline to accept)
☐ Certificate of compliance attached (FRAP 32(g)(1) if brief exceeds 15 pages)
☐ Certificate of service attached (FRAP 25(d))

COVER PAGE

(Green cover required under FRAP 32(a)(2)(A))

No. [____]-[____]

IN THE UNITED STATES COURT OF APPEALS
FOR THE [________________________________] CIRCUIT

[PARTY A NAME],
Appellant/Petitioner,

v.

[PARTY B NAME],
Appellee/Respondent.

On Appeal from the United States District Court
for the [________________________________] District of [State]
Case No. [____]-cv-[____]

BRIEF OF [AMICUS ORGANIZATION FULL NAME]

AS AMICUS CURIAE IN SUPPORT OF [APPELLANT / APPELLEE / NEITHER PARTY]

[Lead Counsel for Amicus]
[Bar No.]
[Firm Name / Organization Name]
[Street Address]
[City, State ZIP]
Telephone: ([____]) [____]-[____]
Email: [________________________________]

Counsel for Amicus Curiae [Amicus Organization Name]

DISCLOSURE STATEMENT

(Required under FRAP 29(a)(4)(E))

Authorship disclosure: No counsel for a party to this proceeding authored this brief in whole or in part. [OR: Counsel for [Party Name] assisted in [describe limited nature of assistance], but did not author the brief.] (Note: FRAP 29(a)(4)(E) requires disclosure if party counsel authored any part.)

Funding disclosure: No person or entity other than [Amicus Organization Name], its members, and its counsel contributed money intended to fund the preparation or submission of this brief. [OR: The following persons/entities contributed money for preparation of this brief: [________________________________].]

CORPORATE DISCLOSURE STATEMENT

(Required under FRAP 26.1 if amicus is a corporation)

[Amicus Organization Name] [is / is not] a publicly held corporation. [If yes:] Its parent corporation is [________________________________]. [________________________________] owns [____]% or more of its stock. [OR: It has no parent corporation and no publicly held corporation owns 10% or more of its stock.]

TABLE OF CONTENTS

TABLE OF AUTHORITIES

(List all cases alphabetically, statutes, rules, and other authorities with page references — see Table of Authorities Template)

Cases

Statutes

Rules

Other Authorities

STATEMENT OF IDENTITY AND INTEREST OF AMICUS CURIAE

(FRAP 29(a)(4)(A) requires the brief to state the amicus's interest. This section should be 1–2 paragraphs explaining who the amicus is, what it does, and why it has a legitimate interest in the outcome of this case. Be specific — a generic organizational description is insufficient.)

[Amicus Organization Name] is a [describe organization: nonprofit, trade association, professional organization, public interest group, etc.] founded in [year] and dedicated to [mission statement]. [Organization] represents/serves [describe membership/constituency, e.g., "over [____] member organizations operating in [____] states," or "the interests of [industry/group] nationwide"].

[Organization's specific connection to the legal issue in this case:] [________________________________]. [Explain how the court's ruling will directly affect amicus's members, operations, or mission.] [Organization] has [direct experience / expertise / institutional knowledge] regarding [the legal question / the industry at issue / the affected population] that may assist this Court in reaching a fully informed decision. [Describe specific expertise briefly — e.g., "Amicus has filed regulations governing [topic] for [____] years and has unique insight into the practical consequences of the interpretive question presented here."]

This brief is filed [with the consent of all parties as evidenced by the consent letters filed herewith / pursuant to this Court's order granting amicus's motion for leave to file, entered [__/__/____]].

SUMMARY OF ARGUMENT

(1–2 pages maximum. Provide a concise, clear overview of the argument. This section should stand alone — a judge reading only the Summary should understand the amicus's full position and contribution.)

[One-sentence thesis: what the court should hold and why, from the amicus's unique perspective.]

[Paragraph 1: Describe the core legal argument — what rule should apply and why.]

[Paragraph 2: Explain what unique perspective, evidence, data, or policy considerations the amicus brings that the parties have not fully developed. This is the amicus's key value-add — use this space to explain why the Court benefits from this brief.]

[Paragraph 3 (if needed): Identify consequences of the alternative ruling — why getting this wrong would harm the industry, public, or legal doctrine. Ground in the amicus's institutional expertise.]

ARGUMENT

I. [Issue I Heading — Frame from Amicus's Unique Perspective, e.g., "The Ruling Below Threatens Established Industry Reliance on [Legal Rule]"]

A. [Subheading — Legal Standard]

[Identify the legal rule or interpretive question at stake.] [Controlling authority states:] See [Case], [Citation], at [Pinpoint] ("[Direct quote]").

[Explain why the correct interpretation of this rule favors the position of [Appellant/Appellee].] [Provide legal analysis supported by case law, statute, and legislative history.]

B. [Subheading — Amicus's Unique Perspective / Empirical Evidence / Industry Practice]

[This is the heart of the amicus brief — provide the Court with something the parties cannot.] [Examples: industry data, empirical research, comparative law, practical consequences, regulatory history, scientific consensus.]

[Amicus Organization Name]'s [members / research / [____] years of experience in this field] demonstrates that [________________________________]. [Provide specific, concrete data or examples where possible.]

[Cross-reference the specific impact:] If this Court holds that [unfavorable rule], the practical consequence will be [________________________________]. See [supporting authority or data citation].

[Where applicable, cite secondary sources, government reports, academic studies:]
See generally [Author, Study Title, Volume Journal Page (Year)] (finding that [________________________________]).

C. [Subheading — Policy Considerations / Broader Implications]

[Courts consider policy in many contexts — particularly statutory interpretation, constitutional law, and common law development.] [Address the systemic consequences of both possible rulings.]

A ruling in favor of [position] would [benefit / protect / clarify] [________________________________] because [________________________________]. Conversely, a ruling against [position] would [undermine / threaten / create uncertainty about] [________________________________].

II. [Issue II Heading — Additional Legal Argument or Policy Point]

A. [Subheading]

[________________________________].

[Provide legal analysis, citing controlling authority, analogous cases, and secondary sources as appropriate.]

See [Case], [Citation] ("[quote]").

B. [Subheading — Practical / Remedial Considerations, if applicable]

[If the court is considering remedy, scope of ruling, or remand instructions, the amicus may offer practical guidance about how different remedial approaches would operate.] [________________________________].

III. [Optional Additional Argument — Comparative Law, Legislative History, or Emerging Issues]

[If the amicus has special expertise in comparative law, regulatory history, or a developing area of law, develop that argument here.]

[________________________________].

CONCLUSION

For the foregoing reasons, Amicus Curiae [Organization Name] respectfully urges this Court to [affirm / reverse / vacate and remand / hold that [specific legal rule]] and to issue a decision that [briefly describes the guidance or rule amicus seeks].

Respectfully submitted,

[Lead Counsel Name]
[Bar No.]
[Firm / Organization Name]
[Address]
[Date: __/__/____]

Counsel for Amicus Curiae [Organization Name]

CERTIFICATE OF COMPLIANCE

I certify that this brief complies with the type-volume limitations of Fed. R. App. P. 29(a)(5) and 32(a)(7)(B) because:

☐ This brief contains [____] words, excluding the portions exempted by Fed. R. App. P. 32(f), which is within the applicable limit.

I also certify that this brief complies with the typeface and type style requirements of Fed. R. App. P. 32(a)(5)–(6) because it was prepared using [Microsoft Word] in [14-point Times New Roman / other qualifying typeface].

[________________________________]
[Counsel Name]
[Date: __/__/____]

CERTIFICATE OF SERVICE

I certify that on [__/__/____], I electronically filed this brief with the Clerk of the United States Court of Appeals for the [________________________________] Circuit using CM/ECF, which will send notice to all registered counsel of record.

☐ All parties are registered CM/ECF users and were served electronically.
☐ The following party/parties are not registered CM/ECF users and were served by [mail / overnight carrier]: [name and address].

[________________________________]
[Counsel Name]
[Date: __/__/____]

DRAFTING GUIDANCE FOR AMICUS BRIEFS

What makes an effective amicus brief:

• Brings genuinely new perspective, data, or argument not covered by the parties
• Is concise — courts view overly long amicus briefs as burdens, not aids
• Focuses on the legal question, not on advocacy for one party's general interests
• Uses the amicus's unique institutional expertise (empirical data, industry practice, regulatory experience)
• Avoids simply repeating the party's argument in different words

Common mistakes to avoid:

• Filing without proper consent or court authorization (brief will be stricken)
• Failing to disclose authorship and funding (FRAP 29(a)(4)(E) violation; grounds for rejection)
• Exceeding word limits
• Filing amicus to support a party's factual position rather than the legal rule
• Late filing (7-day deadline after supported party's brief is strictly enforced)

SCOTUS-specific notes (Sup. Ct. R. 37):

• All amicus briefs require either written consent from all parties or a motion for leave
• Motion for leave may not exceed 1,500 words and must state the movant's interest and the reasons the brief is desirable (Sup. Ct. R. 37.4)
• 9,000-word limit for merits briefs (Sup. Ct. R. 33.1(g)(vi))
• Blanket consent letters: some counsel routinely provide standing consent to all amicus filings; check with parties' counsel early