What is a “Friend of the Court”?
21 March 2024 · Read time: 4 minutes
A Friend of the Court denotes a legal practitioner (a solicitor or barrister) making their presence known in a Courtroom, not as the representative of any particularly party, but as someone who is there to assist the Court’s smooth proceedings.
The Friend of the Court, or amicus curiae, plays a curious role in legal proceedings, offering insights to the court that can shape the outcome of cases.
Origin of the term 'Friend of the Court'?
The legal basis of a Friend of the Court stems from the Latin term "amicus curiae," which translates to "friend of the court."
This role allows individuals or organisations with expertise or a vested interest in a particular case to provide the court with additional information or arguments relevant to the issues at hand.
While not a direct party to the case, the amicus curiae assists the court in understanding complex matters and ensures that all perspectives are considered before a decision is made.
Who can serve as a Friend of the Court?
Virtually anyone with relevant knowledge or insights can serve as a Friend of the Court. This may include legal scholars, advocacy groups, government agencies, or even individuals directly affected by the case. The key criterion is the ability to offer valuable expertise or perspectives that can aid the court in reaching a well-informed decision.
For instance, in a high-profile environmental case, a renowned scientist specialising in climate change might be invited to serve as an amicus curiae to provide expert testimony on the potential environmental impacts of the disputed actions.
Can a Friend of the Court appear when a party is unrepresented?
Yes, a Friend of the Court can still appear even when one or more parties are unrepresented. In fact, the presence of an amicus curiae becomes even more crucial in such scenarios, as it helps to ensure that the court receives comprehensive and balanced information despite the absence of legal representation for all parties involved.
For instance, in a child custody dispute where one parent is unrepresented, a child welfare organisation may step in as a Friend of the Court to advocate for the best interests of the child.
Do courts like the presence of a Friend of The Court?
Generally, courts appreciate the presence of a Friend of the Court, as it enhances the judicial process by providing valuable insights and perspectives that may not have otherwise been considered.
The amicus curiae must obtain permission from the presiding judge to provide input on aspects of a case that may not receive thorough consideration from the involved parties. There are situations where it's beneficial for the court to receive a broader perspective on a matter, especially when the parties involved are unable or unwilling to offer comprehensive insights, ultimately serving the interests of justice administration.
The information and arguments presented by the amicus curiae contribute to a more thorough examination of the issues at hand, ultimately aiding the court in reaching a fair and just decision. However, it's important to note that the court retains discretion in determining the weight and relevance of the submissions made by a Friend of the Court.
What can't a Friend of the Court do?
While a Friend of the Court serves an essential role in legal proceedings, there are limitations to their involvement.
For instance, an amicus curiae cannot act as an advocate for any particular party or push for a specific outcome.
Instead, their primary duty is to provide impartial information and insights to assist the court in its decision-making process.
Additionally, the submissions made by a Friend of the Court are subject to scrutiny, and the court may choose to accept or reject their arguments based on their relevance and credibility.
An amicus lacks the authority to submit pleadings, present evidence, cross-examine witnesses, or file appeals. Generally, an amicus is not liable for costs orders.
FAQs
Can anyone serve as a Friend of the Court?
Yes, anyone with relevant knowledge or insights can serve as an amicus curiae, regardless of their legal background.
Are the submissions made by a Friend of the Court binding on the court?
No, the court retains discretion in determining the weight and relevance of the submissions made by a Friend of the Court.
Can a Friend of the Court advocate for a specific party or outcome?
No, the primary duty of a Friend of the Court is to provide impartial information and insights to assist the court in its decision-making process.
How does the court decide whether to accept or reject the arguments of a Friend of the Court?
The court evaluates the relevance and credibility of the submissions made by a Friend of the Court before determining their acceptance or rejection.
