Amicus curia is a Latin word which suggests “friend of the court”. It refers to a non-party with an interest within the outcome of a pending lawsuit who argues or presents information in support of or against among the parties. Amicus briefly filed at the appellate level, although they could be filed in a lawsuit pending at the trial court level. Generally, amicus curiae must obtain the court’s permission before filing its brief, unless all of the parties consent to the amicus filing.
Role of Amicus curiae
· Amici curiae aren’t parties to the lawsuit unless they formally intervene.
· Amicus curia doesn’t need to have the standing to bring suit.
· As a non-party, amicus curiae normally don’t have the rights that parties during a lawsuit have, such as the right to obtain knowledge from other parties.
This is an inquiry to determine whether a party has breached that necessary amount of duty of care.