This form is a Memorandum of Points and Authorities. Included in this form is a motion to transfer the case to another court having jurisdiction, pursuant to section 397 of the Code of Civil Procedure. The form also provides a section identifying the declarant and a statement explaining his/her relationship to the action.
San Jose California Motion for ___ and Declaration of ___ and Memorandum of Points and Authorities
Category:
State:
California
City:
San Jose
Control #:
CA-5050-KL
Format:
Word;
Rich Text
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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.
An MSJ can be granted in its entirety, bringing an end to the case, or a judge can choose to grant the motion in parts, eliminating some of the claims, but keeping the case partially alive. Nothing in the text of Rule 56 prohibits a party from filing more than one MSJ.
(d) Opposition to motion Any opposition to the motion must be served and filed within five days of service of the moving papers and may be no longer than 15 pages.
(d) Length of memorandum In a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 20 pages. No reply or closing memorandum may exceed 10 pages.
The Memorandum of Points and Authorities includes any legal authorities and arguments that support your opposition to the motion. The Memorandum of Points and Authorities must not exceed 25 pages.
When you file a motion in court, one of the documents usually required is a Memorandum of Law (also known as Memorandum of Law in Support of the Motion). Your Memorandum of Law is where your legal arguments are located. This is where your persuasive skills are applied.
Memorandum of points and authorities is a document that is filed with a court by a party to support the party's motion. The submission of a memorandum of points and authorities is usually mandatory whenever a party files a motion.
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.
Twenty (20) Page Limit on Briefs A memorandum in opposition to a motion for summary judgment may not exceed twenty (20) pages, not including exhibits, declarations, attachments, tables, or proof of service.
Demurrers must be filed within 30 days of service of Complaint (extensions do not extend time to demurrer) CCP § 430.40.