The U.S. Supreme Court is considering several changes to amicus or friend-of-the-court briefs, including forgoing express permission from the parties to file such briefs and discouraging them in cases seeking emergency relief.
The public may comment on the proposed changes by April 28, the court announced Wednesday.
Many of the changes conform to current practice, in that most parties readily agree to the filing of amicus briefs and Supreme Court guidance—though, not binding rules—already discourages friend-of-the-court briefs in emergency cases.
The proposals also include changes to the process for filing documents “under seal"—or out of public view—and technical changes, like requiring counsel to list in the table of authorities all pages on which a particular case is cited. Attorneys frequently use the term “passim” when a case is frequently cited, which would now be prohibited.
The court from time to time changes its rules, with the last time being in 2019.
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