A Comprehensive Resource for Strategizing, Writing, & Filing Amicus Briefs
Amicus briefs play a unique role in appellate litigation by offering broader legal and policy perspectives that help courts reach and understand the implications of their decisions.
Writing amicus curiae (“friend of the court”) briefs has long been my favorite part of appellate practice. My appreciation for concise, disciplined writing began much earlier. When I arrived at Dartmouth College as a freshman, I knew nothing about writing legal briefs. But my “Young Man in American Literature” course taught me how to distill 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 is a specialized craft, mastered through years of practice. The best amicus briefs are succinct, highly readable, and make a limited number of compelling points without duplicating the legal arguments already presented by the supported party.
This All Things Amicus page is intended as a resource for anyone interested in writing or reading amicus briefs. It provides links to many of my own briefs, including those I have authored for the Atlantic Legal Foundation, as well as my published articles, commentaries, All Things Amicus LinkedIn newsletter, and presentations on the strategic use and persuasive drafting of amicus briefs. You will also find links to the rules and guidance governing amicus briefs in the U.S. Supreme Court and federal courts of appeals.
Below are some of my recent amicus briefs and additional resources for effective friend-of-the-court advocacy.
My Recent Amicus Briefs
Ninth Circuit Should Affirm Dismissal of “Carbon Neutral” False Advertising Suit
Supreme Court Should Reaffirm Parental Rights In Gender-Transition Case
Supreme Court Should Curb Abusive Forum Shopping By Plaintiffs’ Bar
Consent-By-Registration Needs Due Process Guardrails
ALF Urges California Supreme Court To Enforce Finality of Arbitration Awards
Supreme Court Should Hold That Federal Law Precludes Climate-Change Tort Suits
“All Things Amicus” Newsletter
How to Draft Effective Amicus Briefs & Use Them Strategically
On March 4, 2024, Larry Ebner presented a webinar for the Dartmouth Lawyers Association on How To Write and Use Amicus Briefs Strategically. Interviewed by DLA Treasurer Hilary B. Miller, Larry, a 1969 Dartmouth College graduate, covered key questions from the viewpoints of both amicus brief authors and parties seeking amicus support. For example—
- Who files amicus briefs and why?
- What are the differences in approach between petition-stage and merits-stage amicus briefs?
- What is the worst mistake an amicus brief author can make?
- What are some of the key procedural pitfalls to avoid?
- How far can a litigating party go in soliciting amicus support?
Click here to listen to the webinar (start at counter 3:30):
Why Should My Organization File Amicus Briefs?
Amicus Brief Rules & Guidance*
Supreme Court Rule 37 (effective Jan. 1, 2023)
Supreme Court Amicus Guidance (May 2026)
Federal Rule of Appellate 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
Webcast: In-House Litigation Managers Should “Think Amicus,” Corporate Counsel Business Journal, 2025
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