Minnesota Memorandum of Law is a legal document used by attorneys in Minnesota to provide a concise, well-organized summary of legal arguments in support of a particular position or claim. It is typically used when preparing for a motion hearing, trial, or other court proceeding. There are two main types of Minnesota Memorandum of Law: factual and procedural. A factual memorandum of law provides an overview of the facts and evidence relevant to a particular case, including citations to relevant case law and statutes. A procedural memorandum of law provides an overview of the legal procedures to be followed in a case, including applicable rules of civil and criminal procedure. Both types of memorandum of law should be organized in an easy-to-follow structure and include a conclusion summarizing the legal arguments in support of the client's position.
Minnesota Memorandum of Law
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65.01Temporary Restraining Order; Notice; Hearing; Duration In the event that a temporary restraining order is based upon any affidavit, a copy of such affidavit must be served with the temporary restraining order.
56.01Motion for Summary Judgment or Partial Summary Judgment The court shall grant summary judgment if the movant shows that there is no genuine issue as to any material fact and the movant is entitled to judgment as a matter of law.
55.01Judgment If a party against whom judgment is sought has appeared in the action, that party shall be served with written notice of the application for judgment at least 14 days prior to the hearing on such application.
60.01Clerical Mistakes Clerical mistakes in judgments, orders, or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time upon its own initiative or on the motion of any party and after such notice, if any, as the court orders.
52.01Effect Findings of fact, whether based on oral or documentary evidence, shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge the credibility of the witnesses.
Rule 115.11 is added to establish an explicit procedure for submitting motions for reconsideration. The rule permits such motions only with permission of the trial court. The request must be by letter, and should be directed to the judge who issued the decision for which reconsideration is sought.
A memorandum in a legal sense can refer to a comprehensive and organized written document that summarizes and analyzes relevant laws based on legal research to support a conclusion on a particular legal issue.
Rule 56.03, subdivision 2, provides that the court may only accept a written admission in a termination of parental rights matter from a parent who is a minor or incompetent if the parent's guardian ad litem concurs in writing. This is to be consistent with Minnesota Statutes, section 260C.