What does ‘amicus curiae’ mean?

When you're a business owner, the best kinds of courtroom cases are those you're not a part of. Whether you're being sued or bringing the charges, legal fees can add up, preventing you from spending money that would otherwise be going toward the continued improvement of your company's well-being.

However, there may be instances where it pays for you to be involved because the repercussions of the case could affect you somewhere down the line. Additionally, you may have information in the dispute that the parties, judge or jury aren't privy to.

This situation is where something called amicus curiae comes into play.

Latin for "friend of the court," amicus curiae are individuals or groups that participate in a lawsuit even though they aren't the subject, because they have a compelling interest in the outcome. Their chief function is to provide context by calling attention to various pieces of information that may go to the heart of what a judge or jury will ultimately decide during deliberation.

Why file an amicus curiae brief?
Amicus curiae motions are typically filed when the outcome of a lawsuit will affect more than the people involved. For instance, some case decisions may set a legal precedent and can result in changes that affect federal law. These cases can then impact you as a business owner from a standpoint of expenses or policy changes that you may need to make to achieve compliance. Common grounds for amicus curiae may include constitutional challenges, like the First Amendment or other elements of the Bill of Rights.

There's a caveat to amicus curiae motions, however. All the parties involved have to agree to its allowance by providing written consent. And even then, any evidence you present may be deemed inadmissible.

At Hudspeth Law Firm, we can help you determine if an amicus curiae filing makes sense and provide competent representation when it does. Please contact us for a free consultation.

Categorised in: Business Law

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