A Comprehensive Resource for Strategizing, Writing, & Filing Amicus Briefs
Writing amicus curiae (“friend of the court”) briefs is my favorite activity as an appellate attorney. When I was a Dartmouth freshman, I knew nothing about writing legal briefs. But my “Young Man In American Literature” course taught me how to transform a large volume of thought-provoking material (a different novel each week) into an insightful essay strictly limited to a single, typed page.
Writing an effective amicus brief can be similarly challenging. It’s an art mastered through years of practice. The best amicus briefs are succinct and highly readable. They make a discrete number of points. And they do not duplicate the legal arguments already made by the supported party.
This All Things Amicus page is intended to be a resource for anyone interested in writing or reading amicus briefs. It provides links to many of my own amicus briefs (most recently for the Atlantic Legal Foundation), as well as to my published articles, commentaries, and presentations about the nuts and bolts of drafting persuasive amicus briefs and using them strategically. There also are links to the Supreme Court’s and federal courts of appeals’ amicus brief rules and guidance. And this page evolves, there will be special features, including my selection of the Amicus Brief of the Month.
Recent Amicus Briefs
ALF Urges Supreme Court To Reject Expansive View of Product Manufacturers’ Aiding-and-Abetting Liability
ALF Urges Federal Circuit To Enforce District Courts’ Expert Testimony Gatekeeping Role In Patent Infringement Cases
ALF Again Argues That “Drug Price Negotiation Program” Is Unconstitutional
ALF Argues New Drug Tort Violates Sound Science & Harms The Public Interest
Amicus Brief Urges Supreme Court To Address Scope of Endangered Species Act Enviromental Impact Assessments
ALF Urges 7th Circuit To Affirm District Court’s Rule 702 “Daubert” Order In Paraquat MDL
How to Draft Effective Amicus Briefs & Use Them Strategically
Amicus curiae briefs are a common as well as important part of appellate practice in the U.S. Supreme Court, federal courts of appeals, and state appellate courts. I had the pleasure of speaking to the Beverly Hills Bar Association on this subject. This one-hour webinar provided practical information for lawyers who either are seeking influential amicus support for clients involved in appeals, or who are called upon to draft persuasive amicus briefs on behalf of trade associations, professional organizations, advocacy groups, or ad hoc coalitions of legal, scientific, or technical experts.
Why Should My Organization File Amicus Briefs?
Amicus Brief Rules & Guidance*
Supreme Court Rule 37 (effective Jan. 1, 2023)
Supreme Court Amicus Guidance (Jan. 2023)
Federal Rule of Civil Procedure 29
First Circuit — (no local rule)
Second Circuit — Local Rule 29.1
Third Circuit — L.A.R. 29.0
Fourth Circuit — Local Rules 29(a) & 28(b)
Fifth Circuit — 5th Cir. R. 29
Sixth Circuit — 6th Cir. R. 29
Seventh Circuit – Circuit Rule 29
Eighth Circuit — 8th Cir. R. 29A
Ninth Circuit — Circuit Rules 29-1, 29-2, 29-3 & Circuit Advisory Comm. Notes
Tenth Circuit — 10th Cir. R. 29
Eleventh Circuit – 11th Cir. R. 29-1, 29-2, 29-3, 29-4 & I.O.P.
D.C. Circuit — Circuit Rule 29
D.C. Handbook of Practice
Federal Circuit — Fed. Cir. R. 29 & Practice Notes
* These links are provided as a convenience. Always check for amendments and updates.
Larry Ebner’s Publications, Blogs, & Webinars About Amicus Briefs
Webinar: How To Write and Use Amicus Briefs Strategically, Dartmouth Lawyers Association, 2024
A Solution In Search of a Problem?, Capital Appellate Blog, 2024
Three BIG Amicus Brief Mistakes, Capital Appellate Blog, 2024
Amicus Brief-Based Analysis of Big Law Firms’ Ideological Leanings Proves Little, Capital Appellate Blog, 2024
Amicus Briefs Do Not Require Disqualification Of Supreme Court Justices, Capital Appellate Blog, 2023
Op-Ed: Federal Judge’s Amici Invitation Is A Good Idea, With Caveats, Law360, 2023
Federal Courts Should Follow Supreme Court’s Amicus Stance, Law360, 2022
How To Draft An Amicus Brief That Actually Gets Read, Insights/Federation of Defense & Corporate Counsel, 2022
Welcome News! The Supreme Court Proposes to Ditch the Amicus Brief Consent Requirement, DRI/The Brief Case, 2022
Webinar: Friendly Persuasion: Drafting Effective Amicus Briefs & Using Them Strategically, Beverly Hills Bar Association, 2022
Representing Amici Curiae In High-Profile Appeals, Corporate Counsel Business Journal, 2021 (interview)
Appellate Courts Should Welcome Well-Crafted Amicus Briefs, Law360, 2020
Five-Minute Guide To Trade Association Amicus Briefs, Capital Appellate Advocacy PLLC, 2020
With Friends Like These: The Amicus Issues In Flynn Case, Law360, 2020
Flat-Fee Legal Billing Can Liberate Attorneys, DRI For The Defense (Feb. 2020) (reprinted from Nov. 4, 2019 Law360), 2020
Make Amicus Briefs Part of Your Advocacy Program, American Society of Association Executives, 2019
A Broader View of the U.S. Supreme Court Bar, Law360 , 2019
Trade Associations Want To Know: How Much Does An Amicus Brief Cost?, Capital Appellate Blog, 2018
Collaborate Collegially on Legal Writing, DRI-The Voice, 2018
Learning The High Art Of Amicus Brief Writing, DRI-The Voice of the Defense Bar, 2017
Thinking Amicus, DRI-The Voice of the Defense Bar, 2018
The United States As Amicus Curiae: Making Uncle Sam Your New Best Friend, DRI-The Voice of the Defense Bar, 2016
Making Strategic Use of Amicus Briefs, DRI-The Voice of the Defense Bar, 2015
Representing Amici Curiae, Book Chapter in “Strategies For Appellate Litigation” (Aspatore), 2015
How Technology Has Improved Legal Writing, DRI-The Voice of the Defense Bar, 2015
In-House Litigation Managers Need To “Think Amicus”, Law360, 2014
Amicus Brief FAQs, DRI-The Voice of the Defense Bar, 2013
Kosar v. Ebner
March 11, 2024
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Case:
Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579
Read the Amicus Brief of the Month:
Case Background:
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Suggest a Future Amicus Brief of the Month:
Pellentesque risus mauris, laoreet et leo vitae, dictum pellentesque quam: lawrence.ebner@capitalappellate.com