Legal Definitions - friend of the court

The term "friend of the court" refers to an individual or organization that is not directly involved as a party in a legal case but offers information, expertise, or advice to the court. This assistance is provided to help the court make an informed decision, especially when the case involves complex issues or has significant implications beyond the immediate parties.

In some specific jurisdictions, the term "friend of the court" also refers to a court official who investigates and advises on family law matters, particularly those involving children, and may assist in enforcing related court orders.

• Example 1 (Providing Expert Opinion):

  Imagine a lawsuit where a new, experimental medical device is accused of causing harm. A national association of biomedical engineers, concerned about the scientific principles being discussed, might submit a "friend of the court" brief to the court. This brief would provide objective, technical information about the device's design, typical failure rates, and industry standards, helping the judge and jury understand the complex engineering aspects without taking sides in the dispute.

  This illustrates the "friend of the court" role by showing an expert organization providing specialized, impartial knowledge to assist the court in understanding technical details relevant to the case, even though they are not a party to the lawsuit.

• Example 2 (Highlighting Broader Public Interest):

  Consider a legal challenge to a city's decision to rezone a large tract of land for commercial development, which environmental groups argue will destroy a critical wetland habitat. A prominent conservation organization, not directly involved in the lawsuit, might file a "friend of the court" brief. This brief would highlight the ecological importance of the wetlands, the potential long-term environmental impact of the development, and relevant scientific studies, aiming to inform the court about the broader public interest implications of its decision.

  Here, the conservation organization acts as a "friend of the court" by bringing attention to the wider environmental and public policy implications of the case, offering a perspective that might not be fully represented by the direct parties but is crucial for a comprehensive judicial review.

• Example 3 (Official in Domestic Relations):

  In a contentious divorce case involving child custody, the judge might appoint a "friend of the court" official. This official would conduct interviews with both parents, the children, teachers, and other relevant individuals. They would then prepare a detailed report for the judge, outlining their findings regarding the children's best interests, recommending a specific parenting schedule, and suggesting guidelines for co-parenting. After the court issues an order, this official might also monitor compliance with child support payments or visitation schedules.

  This example demonstrates the "friend of the court" in its specific jurisdictional role within family law. The official acts as an impartial investigator and advisor to the court, providing crucial information and recommendations to help the judge make decisions that prioritize the welfare of the children, and potentially assisting with enforcement.