He is someone who is not a party to a case who assists a court by offering information, expertise or insight that has a bearing on the issues in the case
Amicus Curiae is an impartial advisor to a court of law in a particular case
The decision on whether to consider an Amicus brief lies within the discretion of the court
The role of an Amicus curiae was to help court by expounding the law impartially, or if one of the parties were unrepresented, by advancing the legal arguments on his behalf
Role of Amicus Curiae
The purpose of an amicus curiae, Latin for “friend of court” is to inform and advise the judge as to matters of fact or law that might otherwise escape consideration so as to minimize the risk of error in judgement
Amicus Curiae in Indian law
These are people who represent the unbiased will and opinion of the society
In innumerable cases in India, the courts have allowed, or, on its own motion, have asked various people to act as amicus curiae to the proceedings
Function of Amicus Briefs
Amicus curaie briefs are filed by someone with a strong interest in the subject matter of a lawsuit, but who is not a party to nor directly involved in the litigation
Importance of Amicus brief
It serves multiple purposes, including to
1) address policy issues
2) provide a more sympathetic advocate
3) supplement or bolster a parties brief
4) provide historical perspective
6) provide technical assistance
7) endorse a party
8) seek to mitigate or expand the effects of potentially important prior court opinion
Example of Amicus Curaie Brief
Obergefell Vs Hodges (2015)
Here, the U S Supreme Court made history when it ruled that same-sex couples throughout the U S could enjoy the fundamental right to marry under law
Procedure to appoint the Amicus Curaie in india
An advocate appointed as Amicus Curaie by the court or from panel of advocates at the cost of the state shall be entitled to fee at the rate of Rs 6000/- at the admission hearing stage and Rs 10000/- at the final disposal stage or regular hearing stage as fixed by the Chief Justice, or ad may be ordered by the court, wherefore a certificate in the form no 10 shall be issued
Role of Amicus Curaie
1) acting as a counsel / an advocate may be appointed as Amicus Curaie
The accused should not suffer merely because of fault of counsel and rather he should be provided with Amicus Curaie to defend him
2) providing assistance in deciding the case
3) cases of great public importance
Time for Amicus Brief in india
There can not be any hard and fast rule on that behalf
However, a minimum of seven day’s time may normally be considered to be appropriate and adequate
Steps of Amicus briefing a case
1) select a useful case brief format
2) use the right caption when naming the brief
3) identify the case facts
4) outline the procedural history
5) state the issues in question
6) state the holding in your words
7) describe the court’s rationale for each holding
8) explain the final disposition
9) include other opinions
Limitations of Amicus Curaie in India
1) waste precious judicial resources by orguments and extra material
2) duplicate arguments seem misplaced or overstayed
3) overwhelm the original issues in the litigation
Use of Amicus brief
Amicus briefs are typically filed at the appellate level, although they also may be filed in lawsuits pending at the trial court level
As a result, an Amicus curaie does not need to have standing to bring suit
Conclusion
1) Amicus briefs are a prevalent feature of modern litigations, particularly in high-stakes appeals
2) they serve important role by promoting open courts
3) providing courts with benefit of different perspectives from a variety of stake-holders
4) educating courts about the potential consequences of their rulings on non-parties and society as a whole
5) amici often bolster their policy arguments with studies, statistics, and other legislative facts
6) Amicus counsel must take care to present extra record evidence from credible and verifiable sources
