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Understanding Court Writing: Pinpoint Citations, Memorandum, and Brief Formats

This chapter delves into the essential aspects of writing to the court, focusing on Bluebook Rule 3.2 related to pinpoint citations that guide readers to the exact page of cited information. It explains the significance of adherence to local court rules regarding the content and format of court documents. Key components like the Memorandum of Points and Authorities, declarations, and affidavits are analyzed, along with the structure and purpose of trial briefs and appellate briefs. The chapter serves as a comprehensive guide for legal professionals navigating court documentation.

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Understanding Court Writing: Pinpoint Citations, Memorandum, and Brief Formats

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  1. CHAPTER 15 Writing to the Court

  2. The BluebookRule 3.2 – Pinpoint Citations • Directs the reader to the exact page that the cite information can be found • Example: Roe v. Wade 410 U.S. 113, 121 (1973). • 121 represents the exact page that a cited quotation is located • Rule 3.2 addresses pinpoint citations regarding books, review articles , and more

  3. Rules of Court • Any documents filed with a court must comply with that court’s particular rules • Form • Content • Construction • a/k/a: Local rules of court

  4. The Memorandum of Points and Authorities • Document filed with the court analyzing disputed issues in a pending case • Often used to support or oppose a motion • Frequently referred to as “P and A’s”

  5. The Memorandum of Points and AuthoritiesFormat • Case caption • Table of contents • Table of authorities • Case law • Statutory law and constitutional provisions • Secondary sources • Statement of facts • Facts supported by the court record • Affidavits • Declarations

  6. The Memorandum of Points and AuthoritiesGeneralFormat • Issues • Arguments • Conclusions • Signature (Attorney’s)

  7. Declarations • Written statements made by persons with actual first-hand knowledge of the facts • Often reads like a narrative of the events • Made under penalty of perjury

  8. Affidavits Similar to declarations -except- Sworn to before a notary

  9. Trial and Arbitration Briefs • Filed with the court or arbitrator • Establishes legal support for a party’s claims or defenses • Presents legal arguments regarding evidentiary issues that may arise at trial or hearing • May be used to support jury instructions at trial court

  10. Appellate Briefs • Required to be filed in appeals • Required of both the petitioner and respondent • Petitioner must address legal errors committed by the trial • Respondent answers and rebuts the petitioner’s brief

  11. Appellate Briefs • Petitioner’s and respondent’s briefs must refer directly to: • Clerk’s and Reporter’s Transcripts • Clerk’s Transcript: Copies of all documents filed in the case • Reporter’s Transcript: Verbatim record of the oral proceedings in the case

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