[ADAPT AS NEEDED FOR YOUR COURT]
COURT NAME OR JURISDICTION
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Court File No. ________
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__________________________,
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[PLAINTIFF’S/DEFENDANT’S]
Plaintiff
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MEMORANDUM OF LAW
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[IN SUPPORT OF/OPPOSING]
v.
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[PLAINTIFF’S/DEFENDANT’S]
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[TYPE OF MOTION]
__________________________,
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Defendant
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______________________________________________________________________________
INTRODUCTION
The introduction should briefly describe the nature of the case, identify the parties,
concisely explain your motion, and summarize why relief is proper. Try to grab the reader’s
attention, and introduce the reader to your theory of the case (how you want the court to view the
facts). Write persuasively, but avoid sounding overly biased.
For a short motion brief, this section should not be longer than a paragraph or two. Just
include enough information to give the judge a quick, persuasive overview. Double-space text.
STATEMENT OF UNDISPUTED FACTS
Be concise and emphasize the facts upon which your arguments will rely. If you have
space, you may include other facts that support the theme of your case or tell your client’s story.
SUMMARY JUDGMENT STANDARD
Set out the main summary judgment rules, and cite authority. Be persuasive, but subtle in
describing your burden.
ARGUMENT
If your motion involves more than one claim, begin this section with a clear roadmap
paragraph outlining the structure of your key points and arguments. Your reader should know
your desired result right away and will expect the specific discussion below to follow the order
of your roadmap and support that result. If you have only one overall argument, you can omit
the roadmap paragraph and put your major point heading right under the “ARGUMENT”
heading.
I.
This is a major point heading, which is a persuasive statement of your position or
desired conclusion. [If you have only one major point heading, do not number it.]
[Use a complete, grammatically correct sentence. Single-space your point headings, but
double-space before and after the heading.]
Give a roadmap or introduction to this particular section of your overall argument, and
then explain your points or reasoning in the same order you introduced them in the roadmap
paragraph. Either in the thesis paragraph, or right after it, explain any special standard of review
that applies to your discussion, so the court knows through what “lens” it must view your
argument. Frame your argument to show how you should win under the applicable standard of
review.
A.
This is a minor point heading, which you may italicize or underline to set it off
from the major point heading. Single-space it as well. [Note that the heading is
indented—a hanging indent works well—but that the text of the argument below
uses the standard margins.]
Here you would discuss your first reason supporting the result you desire in point heading
I. (If you have a number of major reasons why the court should reach your desired result, you
can use sub-headings to highlight each reason supporting the argument, but don’t chop up your
discussion too much. If your reasoning is less complex, just use transitions in your thesis
sentences, rather than separate headings.)
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B.
This is your second minor point heading, which should follow the same principles
described above.
Discuss the second persuasive reason for reaching the desired conclusion of point
heading I. If your argument under point heading I is simple, however, you do not have to
subdivide it at all and can just move on to major point heading II, if there is one.
[Be sure to end your overall discussion of Argument I with a sentence or two of summary
conclusion before proceeding to your Argument II. If you do not have a second argument, don’t
number the first one; instead, simply use the same format as above for your single, unnumbered
major point heading.]
[Follow a similar format for the remainder of your argument.]
CONCLUSION
The conclusion section should contain your request for relief. Sometimes, local briefing
rules will dictate the content of a document’s sections. If not, many lawyers use a “boilerplate”
sentence, like: “For the foregoing reasons, defendant [name] respectfully requests that this Court
grant the [type of motion] and order [specific relief].” Instead of the standard closing, you may
use a sentence or two summing up your key arguments, but keep it very short. Then ask for
specific relief.
Respectfully submitted,
____________________________________
Your name here
Attorney for ___________
Future State Bar Number
Office address
Telephone number
DATED: _______________
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