A “friend of the court” brief, from the Latin, is a legal document filed in appellate court cases by non-litigants with a strong interest in the subject matter. These briefs advise the court of relevant, additional information or arguments that the court might wish to consider. For instance, an organization dedicated to environmental protection might file such a brief in a case concerning endangered species, providing scientific data and legal precedents to support a particular outcome. This participation is not initiated by the parties in the case, but rather represents an independent effort to influence the court’s decision.
The practice is important because it allows individuals or groups who are not directly involved in a lawsuit to bring to the court’s attention perspectives, information, or legal arguments that might not otherwise be presented. This can broaden the court’s understanding of the potential consequences of its ruling and ensure that decisions are well-informed. Historically, the use of these briefs has grown significantly, particularly in cases involving civil rights, environmental law, and other areas of public policy. They provide a valuable avenue for advocacy and contribute to a more robust and balanced judicial process.
