Rules Defining Use in The United States
The Supreme Court of the United States has special rules for amicus curiae briefs, covered generally by Supreme Court Rule 37. The Rule states, in part, such a brief should cover "relevant matter" not dealt with by the parties which "may be of considerable help". The cover of an amicus brief must identify which party the brief is supporting, or if the brief supports only affirmance or reversal. Supreme Court Rule 37.3(a). The Court, inter alia, also requires that all non-governmental amici identify those providing a monetary contribution to the preparation or submission of the brief. Supreme Court Rule 37.6. Briefs must be prepared in booklet format, and 40 copies must be served with the Court.
In general, unless the amicus brief is being filed by the federal government (or one of its officers or agents) or a U.S. state, permission of the court (by means of motion for leave) or mutual consent of the parties is required. Allowing an amicus curiae to present oral argument is considered "extraordinary".
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