Filing of Amicus Curiae briefs in state courts of last resort: 1960-2000

This study examines the use of amicus curiae briefs in state courts of last resort. Key findings are that use of amicus varies greatly among states, with the majority of filings occurring in a small number of states. The hypothesis that restrictiveness of court rules may impact the filing of amicus briefs was tested, but not confirmed, leading to speculation that extensive filing of amicus briefs may lead to more restrictive court rules. Amicus briefs were most often used in tort and criminal cases. Finally, the courts' willingness to acknowledge, cite, and solicit amicus briefs was explored as a possible indicator of their influence. Amici were acknowledged in at least a third of the cases, and arguments made in the briefs were discussed in 82 percent of the sample cases.