I submitted an amicus curiae brief to a federal case and it was rejected on the grounds I had no permission from the court to submit one, however, in the brief itself, at the beginning I specifically asked for permission to submit the brief.

Does the permission have to be asked for in a separate filing?

I don't see why I can't ask for permission within the brief itself.


It depends on the court. For example, at the appellate level in the United States Federal Courts, you would need to file a motion, not a brief.

The motion would have to request permission from the court to file the brief. A proposed brief would have to be filed with the motion, but would not be the same document.

(a) When Permitted. The United States or its officer or agency or a state may file an amicus-curiae brief without the consent of the parties or leave of court. Any other amicus curiae may file a brief only by leave of court or if the brief states that all parties have consented to its filing.

(b) Motion for Leave to File. The motion must be accompanied by the proposed brief and state:

(1) the movant's interest; and

(2) the reason why an amicus brief is desirable and why the matters asserted are relevant to the disposition of the case. ...


  • What about your constitutional right to petition for a redress of grievances? Im not sure, but I think I remember reading that the Supreme Court at some point rule that amicus briefs are a form of first amendment expression. – Viktor Feb 2 '16 at 20:27
  • 1
    Cite the case. The Eleventh Circuit is even more restrictive than the FRAP. Also, grievances against you can be petitioned against--to Congress, or I suppose to the courts if you have standing. Actually, you did petition, they just didn't respond--which they don't have to do. en.wikipedia.org/wiki/Right_to_petition_in_the_United_States – Tom Feb 2 '16 at 20:42

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