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Generally, a legal memorandum comprises six sections, with the following information: Heading or caption. ... Question presented. ... Brief answer. ... Statement of facts. ... Discussion. ... Conclusion.
The memorandum generally must include a statement of facts, an introduction of evidence and arguments, a discussion of the relevant case law, statutes, or other secondary materials, a conclusion and signature block. In New York State courts, such documents are often called Affidavit/Affirmation in Support.
The proper practice is to submit a motion for leave to file a supplemental brief at the same time that the brief is submitted. The motion should briefly outline why the issue was not in the opening brief and its significance to the case. The brief will not be filed without permission of the Presiding Justice. (Cal.
There is a page limit of 15 pages for Motions and Oppositions, and 10 pages for Replies. These limits do not count declarations, exhibits, or proofs of service. (CRC 3.1113(d)). Any memorandum over 10 pages must have a table of contents and table of authorities; these are not covered in this Guide.
A sample memorandum of points and authorities (often referred to as a brief) that counsel may use in support of a written motion on notice in an unlimited civil case in California superior court.
The Memorandum of Points and Authorities includes any legal authorities and arguments that support your motion. The Memorandum of Points and Authorities must not exceed 25 pages. A Declaration is a sworn statement to the Court where you write the facts that support your motion.