Can parties join a case at the appeals stage?

Even an appeal is not exclusive. In order to ensure court efficiency and equal handed decisions, the court allows parties to join in even at the appeals stage where necessary. There are two different scenarios where people may join in appeals: amicus curiae and joinder.
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Understanding Amicus Curiae

A party who files under amicus curiae is interested only in adding their own argument to boost an existing party. Briefs for amicus curiae are typically done in cases of extreme social importance. Examples of appropriate briefs include unsolicited testimony, unsolicited expert advice, or a learned treatise on the topic.

The idea behind an amicus curiae brief is that the person filing is a “friend of the court” whose only purpose is to help the judges come to the right decision. The best explanation of amicus curiae comes from the 1968 case Allen v. Sir Alfred McAlpine & Sons Ltd and states, “I had always understood that the 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.”

Joinder Requirements and Rules

Under the Federal Rules of Appellate Procedure, parties may also join a case at the appeal stage. Unlike the amicus curiae brief, a joinder to an appeal becomes an active and interested party awaiting a chance to argue and a new decision. Under Section II Rule 3 of the Federal Rules of Appellate Procedure, there are two ways that a party may be joined in an appeals case:

1. When two or more parties are entitled to appeal from a district-court judgment or order, and their interests make joinder practicable, they may file a joint notice of appeal. They may then proceed on appeal as a single appellant.
2. When the parties have filed separate timely notices of appeal, the appeals may be joined or consolidated by the court of appeals.

Case Studies: Parties Joining a Case at the Appeals Stage

Case Study 1: Amicus Curiae Brief

In a recent appeals case involving a highly debated social issue, multiple parties sought to contribute their arguments to support an existing party. One such party, a nonprofit organization advocating for civil rights, filed an amicus curiae brief.

The brief included unsolicited testimony from individuals affected by the issue, unsolicited expert advice, and a comprehensive treatise on the topic.

The intent behind the amicus curiae brief was to provide additional perspectives and assist the court in making a well-informed decision. This case demonstrates how parties can join at the appeals stage through an amicus curiae brief, particularly in cases of significant social importance.

Case Study 2: Joinder in Appeals

In another appeals case, a party sought to actively participate and argue their position, rather than merely providing support like an amicus curiae. According to Section II Rule 3 of the Federal Rules of Appellate Procedure, parties can be joined in an appeals case.

In this instance, a new party sought to join the case through joinder, becoming an active and interested participant in the appeal process.

They presented their own arguments, awaited the opportunity to present their case, and aimed for a revised decision. This case highlights how parties can join an appeal as an active participant by meeting the requirements and rules outlined in the Federal Rules of Appellate Procedure.

Case Study 3: Seeking Appellate Representation

In a complex appeals case, an individual with a vested interest in the outcome wanted to join an existing appeal. Uncertain about their rights and the process, they consulted with an appellate attorney to seek guidance. The attorney provided valuable insights into the requirements, potential strategies, and implications of joining the case at the appeals stage.

By seeking legal assistance, the individual gained a better understanding of their options and the steps involved in becoming a party to the appeal. This case emphasizes the importance of consulting with experienced appellate attorneys or litigation lawyers when considering joining an existing appeal.