An Advocate Persuades by Joan Malmud & Sandy Patrick

Author:Joan Malmud & Sandy Patrick
Language: eng
Format: mobi
ISBN: 9781611631500
Publisher: Carolina Academic Press
Published: 2016-05-14T21:00:00+00:00

Chapter 10

Constructing Motions and Supporting Memoranda of Law

I. Your Audience: The Trial Judge

II. The Motion

A. Caption

B. Statement of the Relief Requested

C. Legal Grounds for the Relief Requested

D. Signature

III. The Memorandum of Law

A. Caption

B. Introduction

C. Statement of Facts

D. Argument

E. Conclusion

F. Signature

The last several chapters have discussed how to build a persuasive argument. If your case is being heard by a trial court, that argument will be presented to the court through a motion and a supporting memorandum of law. This chapter addresses how to construct that motion and a memorandum of law, whether the memorandum of law supports the motion or opposes the motion.

We have already discussed the first step in effectively presenting a trial motion and its accompanying memorandum of law. Chapter 4, Motion Practice, explains that to produce an effective motion and memorandum of law, you must research the rules that govern the form of the motion and its accompanying memorandum of law. Those rules include your jurisdiction's procedural rules, the court's local rules, and any standing orders issued by the judge before whom you will appear.

If you have not researched those rules already, you need to do so now before you begin constructing your motion and memorandum of law. Once you find those rules, you must follow them carefully. As explained in Chapter 4, a judge is likely to have more confidence in—and thus more likely to be persuaded by—a motion and supporting memorandum of law that follow the rules over a submission that does not. If the recommendations in this chapter conflict with the rules that govern in your jurisdiction, always follow the rules that govern in your jurisdiction.

After determining the rules that govern your motion or memorandum of law, you should next consider your audience.

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