Amicus Curiae Briefs in Georgia Appellate Courts
Explore the critical role of amicus curiae briefs in Georgia appellate courts with Strickland Webster, LLC. Understand the procedures, rules, and strategic considerations in our comprehensive guide.
As much as court decisions affect the parties in a particular case, they may also affect persons and entities that are not parties to a case. So, these persons or entities may share their perspectives with the court.
Rule 23 of Georgia Supreme Court Rules and Rule 26 of Court of Appeals Rules provide the filing guidelines for amicus briefs. Every amicus brief must abide by these guidelines and rules in order to be accepted by the court and actually achieve its purpose.
When you are filing an amicus brief to support any party in a case, you are required to file the brief within ten days after the party’s initial brief, application, or petition is due, without leave of court, i.e., permission. However, if you want to file an amicus brief in an appeal without supporting any of the parties, you must file it within ten days after the reply or response brief is due, without leave of the court.
If you fail to file the briefs within ten days as mandated or miss the filing deadline, you may still be able to file them, but only with leave of court. You will have to apply for this leave by filing “Motion for Leave to File an Amicus Curiae Brief” and attaching your proposed amicus brief.
You are also expected to disclose the interest and identity of the party on whose behalf you are filing the brief, if any, and the brief must be limited to the issues properly raised by the parties in their case.
When filing an amicus brief in an appellate court, you have to identify the issues raised, draft the brief, obtain the leave of the court if you miss the filing deadline, and file it appropriately. Note that the brief must be filed by an attorney admitted to practice in that court.
It will benefit you to contact an experienced appellate attorney when considering an amicus brief to ensure all required details are included and the brief is filed promptly.