Amicus Briefs: What Have They Done for Courts Lately?

Amicus briefs, or “friend of the court” briefs, are not used very often by Florida appellate courts. From 2007 to 2011, the Florida Supreme Court mentioned amicus briefs in only 14 majority opinions. In 2010, only 17% of cases taken on the merits included at least one amicus brief. This shows that amicus briefs are not used very frequently in Florida appeals courts. The district courts of appeal in Florida mentioned amicus briefs in their opinions between 2007 and 2011. The Third District Court of Appeal and Fourth District Court of Appeal referred to amicus briefs most frequently. The Third District agreed with amici in three cases and disagreed in one case, while the Fourth District agreed with amici in three cases and disagreed in three cases. The First, Second, and Fifth Districts also cited amicus briefs, with varying levels of agreement or disagreement. Overall, Florida’s appellate courts do consider and cite amicus briefs that they find helpful. An amicus brief is helpful when it provides important information and arguments to the court, especially on issues of public interest or complex legal matters. The amicus should have a different perspective from the parties involved in the case and should focus on the practical effects of the court’s decision on the public. It’s also important for the amicus to make its own arguments and not just repeat what the parties have already said. There are rules about who can write and fund an amicus brief and those should be followed. Overall, a helpful amicus brief gives the court useful information and different viewpoints to consider. Amicus briefs can be helpful in court cases, but they have to follow the rules. If someone wants to file an amicus brief, they have to ask the court for permission first. The brief can only be 20 pages long and must focus on the specific issue it wants to talk about. The amicus also has to file the brief within 10 days of the party they’re supporting filing their own brief. If the case is going to the Florida Supreme Court, the amicus can let the court know they want to file a brief in advance. Following these rules can make the amicus brief more effective and likely to be considered by the court. Amicus briefs, filed by groups who aren’t part of a case but have an interest, are often cited in Florida court cases. In 2011, 113 cases had at least one merits brief filed, and 10 had an amicus brief. The Third District of Florida frequently thanks these groups for their briefs. These briefs can help provide important information to the court. Sometimes, other groups or organizations can file a brief in a court case to give their opinion. These are called amicus curiae briefs. The court might thank them for their input or use their arguments to help make a decision. Several court cases in Florida have mentioned the arguments of amicus curiae (meaning “friend of the court”) and ultimately disagreed with their points. In one case, the court granted a rehearing based on the arguments made by amicus curiae. In another case, the court rejected the arguments of several amici, or friends of the court. In another case, the court acknowledged the points made by an amicus but ultimately disagreed, stating that the issue should be addressed by the legislature rather than the court. These are cases where judges talked about papers from people who are not part of the case. They either agreed or disagreed with the things in those papers. It’s like when your teacher asks your classmates for their opinions on a topic and then decides what to do based on what they say. This can help the judge make a fair decision. The discussion is about whether courts should accept amicus briefs (legal documents from people not directly involved in a case) and about the rules for sanctions if the briefs are not allowed. It also mentions a case where Germany filed a brief in a murder case but the defendant did not raise any new issues. It includes some questions to consider before filing an amicus brief. An amicus brief should not just repeat what the party it supports said, as it doesn’t help the court and is a waste of paper. In Florida, amicus briefs can be filed after a court decision, and there are specific rules for when they can be filed. The federal rules are different. Carrie Ann Wozniak, an attorney in Orlando, wrote this article with input from Judge Gerald B. Cope, Jr. This article was written on behalf of the Appellate Practice Section.

Source: https://www.floridabar.org/the-florida-bar-journal/amicus-briefs-what-have-they-done-for-courts-lately/