How to Submit Amicus Curiae Brief

Who May File an Amicus Curiae Brief?

Any person, nonprofit organization, bar association, trade association, business,
educational institution, governmental entity, professional organization, or other interested entity may seek permission to file an amicus curiae (“friend of the court”) brief.

The amicus does not have to be a party to the case.

The applicant should have an identifiable interest in the legal issues presented and be able to offer information or legal analysis that will assist the Court beyond what the parties have already presented.

Step 1 — Determine the Filing Deadline

In most California civil appeals, an application for permission to file an amicus brief must be filed:

Within 14 days after the last appellant’s reply brief is filed, or
Within 14 days after the reply brief could have been filed, whichever occurs first.

If no respondent’s brief is filed, a different deadline applies. The presiding justice may also permit a later filing for good cause.

Step 2 — Prepare an Application for Permission

The amicus does not simply file a brief.

Instead, the applicant files an:

Application for Permission to File Amicus Curiae Brief

The application should include:

1. Identification of the Applicant

Explain who the organization or person is.

Example:

The California Association of Estate Planning Attorneys is a nonprofit professional organization representing more than 2,500 estate planning attorneys throughout California.

2. Applicant’s Interest

Explain why the organization cares about the issues.

Example:

This appeal presents important questions concerning California trust law and the enforceability of estate planning documents that directly affect our members and the public.

3. Why the Brief Will Help the Court

This is the most important section.

The application should explain:

why the issues are important;
what additional perspective the amicus provides;
why the parties cannot adequately present that perspective;
why the Court would benefit.

Rule 8.200 specifically requires the application to explain how the proposed brief will assist the Court in deciding the case.

4. Disclosure Statement

California requires disclosure regarding authorship and funding.

The application must identify:

whether any party or attorney wrote any portion of the brief;
whether any party contributed money toward preparing the brief; and
any other person who financially supported the brief (with certain exceptions).

Step 3 — Attach the Proposed Amicus Brief

The proposed brief must accompany the application and may be combined with it.

The brief generally follows the format of an appellate brief and should include:

Cover
Table of Contents
Table of Authorities
Introduction
Statement of Interest
Legal Argument
Conclusion
Certificate of Compliance (if required)
Proof of Service

The cover should identify which party, if any, the amicus supports.

Step 4 — Serve All Parties

The amicus must serve:

all parties in the appeal; and
file the documents with the Court of Appeal using the required filing method (typically electronic filing for represented filers, subject to applicable rules and exemptions). The First District also has local filing procedures that should be followed.

Step 5 — Court Reviews the Application

The Presiding Justice decides whether to allow the amicus filing.

If permission is granted:

the brief becomes part of the appellate record; and
the parties may be allowed to file an answer to the amicus brief within the time specified by the court.