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CHAPTER 15

CHAPTER 15. Writing to the Court. The Bluebook Rule 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

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CHAPTER 15

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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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