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This document is the amicus curiae brief filed by the Ohio Association of Civil Trial Attorneys in the Supreme Court of Ohio concerning case no. 2019-1725, which addresses the admissibility of expert opinions regarding what a person knows in dram-shop liability cases. The brief argues against the use of expert testimony to create genuine issues of material fact regarding a defendant’s state of mind, specifically in the context of alcohol service and liability under R.C. 4399.18.
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Begin with a title page that includes the case name, court, and case number.
02
Include a statement of interest explaining why you are submitting the brief.
03
Outline the relevant legal background and context of the case.
04
Clearly state the arguments you wish to present, supporting your position.
05
Use citations to relevant case law, statutes, or scholarly articles to support your arguments.
06
Conclude with a summary of your points and a respectful request for the court to consider your perspectives.
07
Add a certificate of service to indicate that all parties involved in the case have been notified.

Who needs amicus curiae brief?

01
Individuals or organizations with a strong interest in a legal issue but not directly involved in the case may need to file amicus curiae briefs. This can include advocacy groups, professional associations, or scholars.
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An amicus curiae brief is a document submitted to a court by someone who is not a party to the case, offering information, expertise, or insights that may assist the court in its decision-making process.
There is no formal requirement for any specific party to file an amicus curiae brief; however, organizations or individuals who have a vested interest in the case or wish to inform the court about broader implications typically file these briefs.
To fill out an amicus curiae brief, one must include a statement of interest, relevant background information, legal arguments, and a conclusion. Additionally, the brief must adhere to the court's formatting and procedural rules.
The purpose of an amicus curiae brief is to provide the court with additional perspectives, insights, or information on legal or social issues pertaining to the case that may not be covered by the primary parties.
An amicus curiae brief must typically include the identity of the amicus, the interest of the amicus in the case, a statement of relevant facts, legal arguments, and citations to legal authority.
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