Introduction

• In simplest terms Amicus Curiae simply means friend of

court.
• It is someone who is not a party to a case and may or may
not have been solicited by a party and who assists a court by
offering information, expertise, or insight that has a bearing
on the issues in the case; and is typically presented in the
form of a brief.
• The decision on whether to consider an amicus brief lies
within the discretion of the court.
 Definition
• “ One (such as a professional person or organization) that is not a party to a
particular litigation but that is permitted by the court to advise it in respect to
some matter of law that directly affects the case in question.”, Merriam Webster
Dictionary
• “ One who assists the court by furnishing information or advice regarding
questions of law or fact. He is not a party to a lawsuit and thus differs from an
intervener, who has a direct interest in the outcome of the lawsuit and is
therefore permitted to participate as a party to the suit.”, Britannica Encyclopedia
• “A party that is not involved in litigation but gives expert testimony when the
court asks. They can support public interest not being addressed in the
trial .”,Blacks Law Dictionary
History
• The Amicus Curiae figure originates in Roman law. Starting in the 9th century, it
was incorporated into English law, and it was later extended to most common law
systems. Later, it was introduced in international law, in particular
concerning human rights. From there, it was integrated in some civil law systems
(it has recently been integrated into Argentina's law system and Honduras's 2010
civil procedures code). Today, it is used by the European Court of Human Rights,
the Inter-American Commission on Human Rights, the Inter-American Court of
Human Rights, the Court of Justice of the European Union and the Special
Tribunal for Lebanon.
Importance
• To inform and advise the Judge(Court) as the matter of fact
or law that might otherwise escape consideration
• To minimize the error of Judgement
• To act as counsel for the parties
• To bring all pertinent points of fact
• To protect the courts honor
 Elements
• Impartiality
• Expert in the given situation(legally)
• Proper knowledge and information
• Suggests the court but does not make the final
decision
• Not directly involved in the particular case at the
given time
Conclusion
• Thus Amicus Curiae is a specific person(Natural or legal)who holds duty
to provide facts, information and have a experts knowledge on the
given topic who reminds and suggests the court with the intention not
to let court to forget or miss anything related to the given case, they are
advisors of the court.
• However, the final decision is always done by the court(Judge)
Case:
• Hari prashad Nepal Vs.Girija PD Koirala 2051
• Shyan Narayan Chaudhari VS.HMK
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