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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 rarefied 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.