Memorandum of Law

Memorandum of Law

Memorandum of Law

A memorandum states the applicable standard, applies the law to the facts, and requests specific relief. Local rules govern format, length, and whether a separate memorandum is required or the argument may be included in the motion.

Page and word limits are enforced.

Alternative Names:

Legal Memorandum, Brief in Support

Why it Matters?

Length limits are enforced strictly and briefs exceeding them are stricken or the excess disregarded, which makes checking the local rule before drafting rather than after a practical necessity. Requests to exceed limits should be filed in advance rather than accompanying an oversized brief. The standard of review section is worth stating explicitly, since it frames everything that follows and courts appreciate its inclusion.

Frequently asked questions

Are page limits strictly enforced?

Are page limits strictly enforced?

Yes. Excess briefing is stricken or disregarded, and leave to exceed should be sought in advance rather than filed with an oversized brief.

What section is frequently omitted?

What section is frequently omitted?

An explicit statement of the applicable standard, which frames the analysis and which courts appreciate seeing stated.