May 3, 2011

Amicus letters supporting review typically do not appear on the California Supreme Court’s on-line docket

If you’re counsel for an amicus in the Supreme Court, you may be confused or troubled when perusing the Court’s on-line docket. You may be wondering what happened to the amicus letter you filed in support of a petition for review. Sure, you could call the clerk’s office to make sure the letter made it to the Court, but you can relax. Unlike petitions for review, related briefs, and depublication requests, the Court does not post amicus letters in support of review on its docket. By contrast, any letter seeking depublication of the Court of Appeal’s opinion will be posted on the Supreme Court’s docket, regardless of whether it was filed by a party or a non-party. The rationale is that a depublication request must be ruled upon, while an amicus letter in support of review requires no action by the Court.

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