On behalf of the DRI Center for Law and Public Policy, I have submitted a letter to the Judicial Conference’s Standing Committee recommending that Fed. R. App. P. 29(a) be amended to eliminate the requirement to obtain the parties’ consent, or the court’s permission, for filing amicus briefs. The Center’s recommendation follows the recent elimination […]
When the Supreme Court announced that effective January 1, 2023, it no longer will require the parties’ consent, or the Court’s permission, to file an amicus brief, Capital Appellate Advocacy founder Larry Ebner posted a short alert about this development on LinkedIn. After that alert – which proposed that that the same requirement be eliminated
Widely Read Op-Ed Urges Eliminating Amicus Consent Requirement In Federal Appeals Courts Read More »
The Supreme Court on December 5 announced revisions to its rules—including elimination of the requirement that an amicus curiae obtain either the parties’ consent or the Court’s permission prior to filing its friend-of-the-court brief. “Deleting the consent requirement reflects how commonplace the filing of amicus briefs has become in the Supreme Court. The federal courts of appeals should follow
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“Writing amicus curiae (‘friend of the court’) briefs is my favorite activity as an appellate lawyer,” Capital Appellate Advocacy founder and Atlantic Legal Foundation Executive Vice President & General Counsel Larry Ebner explains at the beginning of his recent article, How To Draft An Amicus Brief That Actually Gets Read. Published by the Federation of Defense & Corporate Counsel in
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The Supreme Court recently proposed to eliminate the requirement to obtain the parties’ consent, or the Court’s permission, to file an amicus brief. I have written a short insight piece for DRI’s new online publication, The Brief Case, about this important development. My article raises a fundamental point about amicus briefs: Since the purpose of
Welcome News! The Supreme Court Proposes to Ditch the Amicus Brief Consent Requirement Read More »
I am delighted that the King County (Washington) Bar Association invited me to present to its members a 60-minute webinar on drafting effective amicus briefs and using them strategically. The webinar, presented live on March 14, 2022, was moderated by Rory Cosgrove of Carney Badley Spellman in Seattle. Rory is a former chair the bar
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On March 4, 2022, I was pleased to participate in a 90-minute continuing legal education webinar titled “Procedures, Practice Pointers, & Winning Strategies When Your Case is Headed to the U.S. Supreme Court.” The webinar, sponsored by the DuPage County (Illinois) Bar Association, emphasized written Supreme Court advocacy at the certiorari-petition stage, which is where
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On January 14, 2022 I had the privilege of presenting a live webinar for the Beverly Hills Bar Association titled Friendly Persuasion: Drafting Effective Amicus Briefs & Using Them Strategically. BHBA President-Elect, Malcolm McNeil, and a member of the Board of Directors of the Atlantic Legal Foundation, engaged me in a 60-minute conversation that covered
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On May 27, I moderated and participated in a lively panel discussion on Strategic Use of Amicus Briefs In Appellate Advocacy. Steve Lehotsky of Lehotsky Keller LLP and Richik Sarkar of Dinsmore & Shohl LLP joined me in the discussion, which was part of the DRI Appellate Advocacy Committee’s annual seminar. Amicus curiae briefs have
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Is your case going on appeal? As an appellate specialist, I know that these are the questions many clients want answered: 1. How do appeals differ from trials? 2. What are the key steps in an appeal? 3. Do I really need to hire an appellate specialist? 4. How much will the appeal cost? This
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