If a petition is received from the jail or in any other criminal matter if the accused is unrepresented then an Advocate is appointed as amicus curiae by the Court to defend and argue the case of the accused. In civil matters also the Court can appoint an Advocate as amicus curiae if it thinks it necessary in case of an unrepresented party; the Court can also appoint amicus curiae in any matter of general public importance or in which the interest of the public at large is involved

2) it is better you engage services of lawyer for filing petition in HC

role of an amicus curiae was to help the court by expounding the law impartially, or if one of the parties were unrepresented, by advancing the legal arguments on his behalf."

Amicus curiae refers to a person who volunteers to help the court in deciding some matters however it is the discretion of the court whether to accept it or not, the information provided by the amicus curiae could be in the form of brief, testimony which has not been asked by any member of the case, or a learned treatise on the matter before the court.

2) Amicus Curiae is always the person either volunteering or appointed by the court who does not have any interest in the outcome of the case or the rule of law the case would establish.

It can be sent as per the registry allocation. After sending the court can decide whether to list it or not

Dear client, 

The person appointed as amicus curiae may be appointed either by the court directly or by way of application. Anyone or any entity may file an Amicus Brief; however, the Counsel of Record must be a member of the Supreme Court Bar. 

1. Yes, an amicus brief can be sent without invitation to do so from the court.

2. Yes, but their role will only be to the extent of being "a friend to the court" and nothing else. 

3. Please take a consultation with me to discuss this further. I cannot give a definitive answer here. 

Thank you. 

1. No. 

Supreme court has defined the term Amicus curiae under Supreme Court jurisdiction “If a petition is received from the jail or in any other criminal matter if the accused is unrepresented then an Advocate is appointed as amicus curiae by the Court to defend and argue the case.

2. Amicus curiae (amicus)1 or “friend-of-the-court” briefs are filed by someone with a strong interest in the subject matter of a lawsuit, but who is not a party to nor directly involved with the litigation.

3.  First of all you may have to get an order from the family court in this regard, without exhausting the remedies in the trial court and the first appellate court, you cannot approach supreme court for any relief.

Your understanding of foreign laws and the procedures of foreign  courts may not come to your rescue in the Indian courts which have its own law and procedures that are to be followed.

1. The answer to your first three questions is 'No'.

2. Amicus Curiae is appointed by the Court.

1. The Court appoints Amicus Curiae seeking the expert opinion in complicated cases.

a litigant cannot engage an amicus curiae

only the court can