Amicus Brief Example: Contents, Permission, and Filing Deadlines

An amicus brief example follows a fixed skeleton set by court rules: a green cover identifying the case and the party supported, tables of contents and authorities, a statement of interest, a disclosure of who funded and authored the brief, a summary of argument, the argument itself, and a conclusion asking for specific relief. The document is filed by a non-party — Latin for “friend of the court” — offering expertise or perspective the litigants have not supplied. In federal appellate courts, the format and filing procedure are governed by Federal Rule of Appellate Procedure 29; in the U.S. Supreme Court, by Rule 37. The two rule sets overlap but diverge on word limits, cover colors, notice requirements, and who is allowed to file.

What Goes Inside an Amicus Brief

An amicus brief in a federal appellate court is built from the following components, in order.

Cover Page

The cover identifies the court, the case name, the docket number, and counsel of record. It must state which party the amicus supports and whether the brief favors affirmance or reversal.¹ Under Rule 32, the cover must be green.²

Tables of Contents and Authorities

A Table of Contents with page references comes after the cover, followed by a Table of Authorities listing every case, statute, and legal source cited, organized alphabetically with page numbers.³

Statement of Interest

Rule 29 requires “a concise statement of the identity of the amicus curiae, its interest in the case, and the source of its authority to file.”¹ This section explains who the amicus is, its relevant expertise or mission, and how the court’s decision will affect it or the people it represents. A general concern about justice will not carry this section; courts read the statement of interest to decide whether the rest is worth their time.

Funding and Authorship Disclosure

Unless the amicus is a government entity, the brief must state whether a party or a party’s lawyer authored the brief in whole or in part, whether a party or their lawyer contributed money toward preparing or submitting the brief, and whether any other person or entity contributed money for that purpose. Any outside funder must be identified by name.¹

Summary of Argument

Optional but strongly expected. It condenses the position into a roadmap the judges can read before the full argument.

Argument

The substantive analysis. This is where the amicus brings information the parties have not.

Conclusion

A short closing that states the specific outcome the amicus is asking the court to reach, typically affirming or reversing the lower court’s judgment.¹

Getting Permission to File

You cannot file an amicus brief just because you want to. Rule 29 sets three paths.

The first is consent of all parties. If every party in the case agrees, no motion is needed. Since a 1998 rule change, oral consent is enough, and the brief itself must state that all parties have consented.¹

The second is a motion for leave to file. When any party objects or consent cannot be obtained from everyone, the amicus must ask the court’s permission. The motion accompanies the proposed brief and must explain the amicus’s interest in the case and why the brief would help the court decide it.¹

The third path is the government exemption. The United States, its agencies, and state governments can file without consent or a motion.¹

Writing the Argument

The single rule that separates useful amicus briefs from ignored ones: do not repeat what the parties have already argued. The 1998 advisory committee notes to Rule 29 state that a brief is helpful only when it “brings relevant matter to the attention of the Court that has not already been brought to its attention by the parties,” and that a brief failing this standard “simply burdens the staff and facilities of the Court.”¹

What tends to earn a court’s attention: a comparative survey of how other courts have handled the same legal question, economic impact data neither party had reason to gather, historical or legislative context behind a statute, or social science research relevant to the court’s policy analysis. The strongest briefs occupy ground the parties cannot credibly claim — the neutral expert, the affected industry, the constituency whose voice would otherwise be missing.

Tone matters. Judges know most amicus filers prefer an outcome, but the brief works better when it reads as analytical rather than adversarial. Close the argument by stating clearly what relief the court should grant.

Length, Typeface, and Cover Color

Formatting rejections are more common than substantive ones. In federal appellate courts, an amicus brief filed during initial consideration on the merits may not exceed one-half the length of a party’s principal brief.¹ A principal brief is capped at 13,000 words, which puts the amicus cap at 6,500 words.² Amicus briefs filed during rehearing are capped at 2,600 words.⁴ Individual circuits can set different local limits: the Federal Circuit, for example, allows 7,000 words.³ Check the local rules of the circuit where you plan to file.

Word counts typically exclude the cover, tables, disclosure statement, and certificates of compliance and service.

Typeface must be proportionally spaced with serifs at a minimum of 14 points, or monospaced at no more than 10.5 characters per inch.³ The cover, again, is green in federal appellate courts.²

Filing Deadlines

In federal appellate courts, an amicus brief must be filed no later than 7 days after the principal brief of the party it supports is filed. If the amicus supports neither party, the deadline is 7 days after the appellant’s or petitioner’s principal brief. When leave of court is required, the motion must accompany the brief within the same window.¹

In the Supreme Court, deadlines depend on the stage. At the certiorari stage, a brief supporting the petitioner is due within 30 days after the case is docketed or a response is called for, whichever comes later. A brief supporting the respondent is due within the time allowed for the brief in opposition. At the merits stage, the appellate rule applies: 7 days after the brief of the supported party. The Court will not entertain motions to extend the merits-stage deadline.⁵

Extra Rules for Supreme Court Amicus Briefs

Only an attorney admitted to the Supreme Court bar may file an amicus brief there. Admission to a federal circuit bar is not enough.⁵

Word limits differ from the appellate cap. At the certiorari stage, the limit is 6,000 words. At the merits stage, it is 9,000 words for certain government-affiliated amici identified in Rule 37.4 and 8,000 words for all other amicus filers.⁶

Briefs must be printed in booklet format using the Century family typeface at 12 points.⁶ Cover colors change by stage and party supported: cream at the certiorari stage, light green when supporting the petitioner or neither party at the merits stage, and dark green when supporting the respondent at the merits stage.⁷

At the certiorari stage, the amicus must give counsel of record for all parties notice of intent to file at least 10 days before the filing deadline, and the brief must confirm that notice was given. The notice rule does not apply at the merits stage. Failure to comply has led the Court to deny leave to file.⁵

Why Courts Reject Briefs

Courts can deny motions for leave or strike briefs already filed. A brief that would create a conflict requiring a judge’s disqualification can be prohibited or stricken. Briefs that simply echo the parties’ arguments are routinely denied at the motion stage; the advisory committee notes describe them as burdening “the staff and facilities of the Court.”¹ Procedural failures — missing the deadline, blowing the word limit, filing without consent or a proper motion — are just as fatal.

There is no filing fee for amicus briefs in federal appellate courts. The Court of Appeals Miscellaneous Fee Schedule does not list a charge.⁸ The real costs are attorney time and, in the Supreme Court, booklet-format printing.

Amicus Filings in Federal Trial Courts

None of the Rule 29 requirements described above apply at the federal district court level. There is no specific rule governing amicus participation in trial courts; district judges rely on inherent authority to invite or accept amicus filings when they would be useful.⁹ Format, length, and timing are largely up to the presiding judge. If you’re considering an amicus filing in a district court, check the court’s local rules and any standing orders, and contact the clerk’s office before drafting.

1
Legal Information Institute. Federal Rules of Appellate Procedure Rule 29 – Brief of an Amicus Curiae
2
Legal Information Institute. Federal Rules of Appellate Procedure Rule 32 – Form of Briefs, Appendices, and Other Papers
3
United States Court of Appeals for the Federal Circuit. Quick Reference – Formal Brief Requirements
4
United States Court of Appeals for the Eleventh Circuit. Length Limits Stated in the Federal Rules of Appellate Procedure
5
Legal Information Institute. Supreme Court Rules Rule 37 – Brief for an Amicus Curiae
6
Legal Information Institute. Supreme Court Rules Rule 33 – Document Preparation: Booklet Format; 8 1/2- by 11-Inch Paper Format
7
Supreme Court of the United States. Booklet-Format Specification Chart
8
United States Courts. Court of Appeals Miscellaneous Fee Schedule
9
U.S. Department of Justice. Amicus Curiae Participation in Federal District Courts