Late last year the U.S. Supreme Court instituted a new electronic filing system. Among other things, anyone with a computer, tablet, or cell phone now can access newly filed petitions and briefs. Simply search the Court’s online docket for a particular case, click on its docket number, scroll through the hyperlinked docket entries, and read, […]
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Effective use of amicus curiae (“friend of the court”) briefs is an important part of appellate practice in federal and state courts. Every lawyer who is handling or managing an appeal should “think amicus.” In other words, think about whether submission of one or more amicus briefs would be helpful to your client’s position. Thinking
The proliferation of amicus curiae (friend-of-the-court) briefs in federal and state appellate courts—particularly in the U.S. Supreme Court—repeatedly raises the question of how much will an amicus brief cost? For most industry groups and other organizations interested in filing amicus briefs, my answer, as an appellate specialist who practices independently, is “less than you might expect—a
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On October 12, 2017, Capital Appellate Advocacy founder Larry Ebner participated in a Strafford live webinar, “Strategic Use of Amicus Briefs in Appellate Advocacy.” Larry and two additional highly experienced appellate specialists, Averil Rothrock and Mary-Christine (M.C.) Sungaila, covered many amicus brief-related topics, such as the following: Click here to download the webinar Power Points.
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There is an art to writing amicus curiae (“friend of the court”) briefs. Capital Appellate Advocacy’s Larry Ebner, who serves DRI-The Voice of the Defense Bar as Chair of its Amicus Committee, has written an article in the February 2017 edition of For The Defense, “Learning the High Art of Amicus Brief Writing.” The article — which has been
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Two recent Law360 feature articles on the influence of U.S. Supreme Court amicus briefs quote Larry Ebner, founder of Capital Appellate Advocacy PLLC, a Washington, D.C.-based appellate litigation boutique. The October 19 article, entitled “6 Ways To Be the High Court’s Best Friend,” quotes Larry on the advantages of representing amicus groups “with a strong reputation of
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On April 19, 2016, Larry Ebner, along with Robin Conrad, Averil Rothrock, and M.C. Sungaila, presented a Strafford webinar on amiucs brief strategy, preparation, and procedures in the U.S. Supreme Court, federal courts of appeals, and state appellate courts.
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So the case that you lost—or won—at the trial court level is going to be appealed. What now? If you have not already done so, you should select and engage an appellate attorney. Whom to choose and how to forge a successful relationship with that attorney often involves considerations that are specifically tailored to appellate
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Frequently asked questions about amicus curiae (friend-of-the-court) briefs, including why and when to file them, are answered in the attached article.
The United States can be a party’s best friend—or worst foe—when it enters an appeal as amicus curiae. My article for the DRI Appellate Advocacy Committee’s Certworthy newsletter provides attorneys with some practical guidance about interacting with the U.S. Department of Justice when it is engaged in the process of deciding whether to participate in an
The United States as Amicus Curiae: Making Uncle Sam Your New Best Friend Read More »
