Memorandum Of Law

Memorandum Of Law in United States

Practical Information

Note: Some of this information was last updated in 1982

A document prepared by the attorney before trial to acquaint the judge with the legal theory of the action and the authorities relied upon in support of that theory. The memorandum also presents a general outline of the facts of the case. It should not assist the opposing party by going into details of evidence, the names of witnesses, or a discussion of the admissibility of evidence.

The lawyer should make his argument clear and unequivocal. Not too many authorities should be cited. An ancient precedent should never be cited if there is anything more recent on the subject. See citation (in U.S. law) into Legal Authorities}.

There is no such thing as a standard memorandum of law. It will vary in accordance with the tastes of the lawyer and the court. Generally, however, it is safe to assume that a brief, concise trial memorandum, which the judge can read in minutes, is preferable to the kind that would require hours to wade through, sometimes with little gain.

(Revised by Ann De Vries)

What is Memorandum Of Law?

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