If a petition is received from
the jail or in any other criminal matter if the accused is unrepresented then
an Advocate is appointed as amicus curiae by the Court to defend and argue the
case of the accused. In civil matters also the Court can appoint an Advocate as
amicus curiae if it thinks it necessary in case of an unrepresented party; the
Court can also appoint amicus curiae in any matter of general public importance
or in which the interest of the public at large is involved.
Definition: Latin term
meaning “friend of the court”. The name for a brief filed with
the court by someone who is not a party to the case.
“… a phrase that literally
means “friend of the court” — someone who is not a party to the
litigation, but who believes that the court’s decision may affect its
interest.” William H. Rehnquist, The Supreme Court, page 89.
An amicus curiae (also
spelled amicus curiæ; plural amici curiae) is someone, not a party to
a case, who volunteers to offer information to assist a court in deciding a
matter before it. The information provided may be a legal opinion in the form
of a brief (which is called an amicusbrief when offered by
an amicus curiae), a testimony that has not been solicited by any of the
parties, or a learned treatise on a matter that bears on the case. The decision
on whether to admit the information lies at the discretion of the court. The
phrase amicus curiae is legal Latin and literally means “friend
of the court”.
Amicus curiae is a legal Latin
phrase, literally translated as “friend of the court”, that refers to someone,
not a party to a case, who volunteers to offer information on a point of law or
some other aspect of the case to assist the court in deciding a matter before
it. The information may be a legal opinion in the form of a brief, testimony
that has not been solicited by any of the parties, or a learned treatise on a
matter that bears on the case. The decision whether to admit the information
lies with the discretion of the court.
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