Comparative Study about Concept and Functions of Friend of the Court in Iranian Law and Common Law

Friend of the court is a person that, provide the court, with his information and legal analysis about question of fact and law. Provide an advisory submission by a friend of the court has its roots in ancient Rome but, with the development in using this institution by common law countries, now it is not a neutral person and may has a general and indirect interest in legal proceedings.There is no institution like the friend of the court in Iranian law but, with regarding advisory submissions of legal administration of justice, we can consider this office as a friend of the court in its traditional and Roman sense. Moreover, according to article 199 of civil procedure, the judge can request any person to provide an advisory submission on question of fact and law. In addition NGOs intervene in the proceedings provided in article 48 electronic commerce code adopted 1382 and article 66 of criminal procedure code adopted 1392 is as same as new friend of the court in common law.