Two of the most common pitfalls when drafting an amicus brief in the Supreme Court can be found on the first page: Interest of Amicus Curiae section and the required Footnote 1 information. Fortunately, these errors are easily remedied and can often be avoided. In this post, we will discuss how to best handle your Interest of Amici Curiae section in a situation with numerous amici where an appendix to list amici parties is utilized as well as the required footnote language at both the petition and merits stages.

Numerous Amici

Filings with numerous amici parties present a unique challenge for filers structuring their Interest of Amici Curiae section. Explaining the collective interest may be relatively straightforward but the question becomes where can you list all the individual amici?

It is not uncommon for filers to utilize an appendix to list additional amici in filings involving numerous amici parties. An appendix can be used to list all the individual parties but caution should be exercised to ensure that it is only a listing of the amici. The appendix should include only general biographical information such as the name, location, institutional affiliation, and area of expertise; any additional information that is perceived to consist of argument or otherwise should have been included in the Interest of Amici Curiae section, may be construed as evading the word count requirement and rejected for docketing.

Footnote 1

The required Footnote 1 language is required to appear on the first page of the brief at both the petition and merits stages. Governmental filers are exempt from some of these language requirements but all other filers must have all these components in their footnote to be compliant with the Court’s rules.

Petition Stage

  1. All parties have consented.
    • Footnote 1 must indicate that all parties have consented to the filing of the amicus brief. Until the new rules go into effect on November 13th, the brief must be accompanied by copies of the written consent of all parties. If consent has been withheld by any party, the brief must be accompanied by a motion for leave to file an amicus curiae
    • Governmental filers are exempt from this requirement.
  2. All parties have received timely notice.
    • All parties must receive notice of the intention to file an amicus curiae brief at least 10 days prior to the due day of the amicus brief unless the brief is filed earlier than 10 days before the due date.
    • Governmental filers are not exempt from this requirement.
  3. Language indicating whether any party other than the amicus curiae, its members, or its counsel have authored the brief in whole or in part or made any monetary contribution intended to fund the preparation or submission of the brief.
    • Governmental filers are exempt from this requirement.

Merits Stage

  1. All parties have consented
    • Footnote 1 must indicate that all parties have consented to the filing of the amicus Until the new rules go into effect on November 13th, the brief must be accompanied by copies of the written consent of all parties. If consent has been withheld by any party, the brief must be accompanied by a motion for leave to file an amicus curiae brief.
    • Governmental filers are exempt for this requirement.
  2. Language indicating whether any party other than the amicus curiae, its members, or its counsel have authored the brief in whole or in part or made any monetary contribution intended to fund the preparation or submission of the brief.
    • Governmental filers are exempt from this requirement.