Posted On:
December 14, 2009
Practice Tip For Parties On Appeal
Via Tom Goldstein of SCOTUS Blog: because the Supreme Court nearly always allows amicus briefs, when a petition for permission to file an amicus brief is filed, it looks amateurish to object.
Although I do not travel in the rariefied circles Mr. Goldstein does, I think his advice holds true for most appellate courts. I have been involved in several amicus briefs to the Court of Appeals of Maryland, and I do not recall the court rejecting a request to file an amicus brief. Since the court generally accepts interested parties' requests to be heard, there is very little to be gained from objecting.
