Memorandum of Law: Purpose, Structure, and Motion Practice E...

Introduction

A memorandum of law is a written submission filed with a court to support or oppose a motion. It sets out the facts, frames the legal questions, and presents argument with citations to cases, statutes, and rules. Judges regularly rely on these filings when deciding motions like a motion to dismiss, a motion for summary judgment, or a motion to suppress evidence. Some courts call it a brief or a “memorandum of points and authorities.”

This guide explains what a memorandum of law is, how to structure it for federal and state courts in the United States, and how to make it persuasive and compliant with local rules. You’ll also see short case studies showing how well-crafted memoranda can shape outcomes.

What You’ll Learn

• What a memorandum of law is and how it fits into motion practice
• The standard sections most courts expect to see
• How to frame facts, issues, and arguments clearly
• The role of authority (cases, statutes, rules) and how to cite it
• When to file, service requirements, and common court preferences
• Frequent mistakes that weaken a filing—and how to avoid them
• Real-world examples tied to contract disputes, summary judgment, and suppression

Core Concepts

What Is a Memorandum of Law?

• A court-facing document filed to support or oppose a motion (e.g., motion to dismiss, summary judgment, preliminary injunction, motion to suppress).
• Purpose: explain the facts, identify the legal issues, apply controlling and persuasive authority, and ask for a specific ruling.
• Terminology varies by jurisdiction: brief, memorandum in support, memorandum in opposition, or memorandum of points and authorities.
• Not the same as an internal research memo. An internal memo analyzes the law for a client or supervising attorney; a memorandum of law is a persuasive court filing.

Required Sections and Flow

While formats vary, most trial courts expect a straightforward, readable structure:

• Caption and title (e.g., “Defendant’s Memorandum of Law in Support of Motion to Dismiss”)
• Preliminary statement (short overview of the request and the main reasons to grant or deny)
• Procedural history (what has happened in the case so far)
• Statement of facts (relevant facts, with citations to the record)
• Issues presented (the precise legal questions the court needs to decide)
• Standard of review or legal standard (e.g., plausibility under Rule 12(b)(6), no genuine dispute under Rule 56)
• Argument (organized by point headings; apply law to facts with clear reasoning)
• Conclusion and requested relief (state exactly what the court should do)
• Signature block and date
• Certificate of service (if required)
• Exhibits or declarations (as needed)
• Proposed order (if the judge or local rules request one)

Core sections used in most courts:

• Statement of Facts: concise, accurate, and relevant facts tied to the record.
• Legal Issues: the specific questions the court must decide.
• Legal Arguments: detailed application of the law to your facts, with citations.
• Conclusion: brief summary and the relief you want.

Tip: Point headings should be full sentences that state the result you seek, for example, “Because Plaintiff pleads only conclusions and no facts showing breach, the Court should dismiss the complaint under Rule 12(b)(6).”

Authority and Citation

• Use controlling authority first: binding statutes, rules, and precedent from the relevant jurisdiction (e.g., the Supreme Court or the governing federal circuit/state high court).
• Then use persuasive authority: decisions from other jurisdictions or lower courts, especially if they address similar facts or the same legal test.
• Cite accurately and include pin cites to the exact page or paragraph.
• Cite to the record for every fact that matters (complaint paragraphs, deposition pages, declarations, exhibits).
• Follow the Bluebook or the citation format your court requires. Check local rules and any judge-specific standing order.
• Address adverse authority. If a binding case cuts against you, distinguish it fairly. Model Rule 3.3 requires candor to the tribunal.

When It’s Filed and With Whom

• File it with the motion (in support) or with your response (in opposition). Many courts set word/page limits and require a separate reply.
• Deadlines: check the Federal Rules of Civil Procedure or your state rules plus local rules and judge-specific procedures.
• Service: ensure all parties receive the filing through the court’s e-filing system or other approved method.
• Formatting: confirm font, spacing, margins, and exhibits/inclusion of a Table of Contents or Table of Authorities if required.
• Hearing practice: some judges decide on the papers; others schedule oral argument. Many judges want a proposed order attached.

Key Examples or Case Studies

Real-Life Example: Contract Case and a Motion to Dismiss

A company is sued for breach of contract. The company files a motion to dismiss under Rule 12(b)(6), arguing the complaint lacks facts to state a claim. The memorandum of law:

• Explains the contract’s key terms and cites the complaint and the contract as exhibits.
• States the governing standard: the court accepts well-pleaded facts as true, but not legal conclusions.
• Applies controlling cases on plausibility and contract pleading requirements.
• Shows why, even assuming the facts alleged, the elements of breach are not met.

Result: The court grants dismissal without prejudice, allowing the plaintiff to replead. The clear structure and accurate citations make the argument easy to follow.

Case Study: Smith v. XYZ Corp. (Summary Judgment)

Smith moves for summary judgment, claiming no material facts are in dispute. XYZ Corp. files a memorandum of law in opposition under Rule 56:

• Identifies multiple factual disputes with pinpoint record citations (depositions, emails, and declarations).
• Explains the Rule 56 standard: judgment is proper only if there is no genuine dispute of material fact and the movant is entitled to judgment as a matter of law.
• Shows how credibility issues and conflicting documents require a jury to decide key points.

The court denies Smith’s motion. The opposition’s use of record evidence and a clear statement of the legal standard drives the outcome.

Case Study: Doe v. Roe (Motion to Suppress)

Doe moves to suppress evidence from a warrantless search. Roe’s memorandum of law in opposition:

• Lays out the search timeline with specific references to officer reports and body-camera footage.
• Sets out the recognized exceptions to the warrant requirement and focuses on exigent circumstances.
• Applies facts to the exception: immediate risk and limited scope matched the emergency.

The court admits the evidence. The court’s order cites the memorandum’s framing of the facts and the legal test for exigent circumstances.

Practical Applications

• Start with the standard: State the legal test up front. Judges want the yardstick first, then the application.
• Use CREAC/CRAC structure: Conclusion (or Claim), Rule, Explanation, Application, Conclusion. Keep each point tight and easy to follow.
• Write point headings that argue: Turn headings into mini-arguments, not labels. Each heading should tell the court exactly what to decide and why.
• Lead with strength: Put your best issue and your clearest argument first.
• Use the record: Every important fact should have a citation (e.g., “Ex. B at 5,” “Compl. ¶ 23,” “Smith Decl. ¶ 9”).
• Pinpoint citations: Direct the judge to the precise page or paragraph in both cases and exhibits.
• Keep it readable: Short paragraphs, plain English, and consistent terms for parties and key concepts.
• Avoid string cites: Cite the best cases and explain why they matter. Use parentheticals to connect the authority to your fact pattern.
• Address the other side’s best point: Don’t ignore obvious counterarguments. A short, direct response builds credibility.
• Distinguish adverse authority fairly: If a case looks similar, state the difference clearly (different facts, narrower holding, later case limiting it).
• Check local rules and judge preferences: Word limits, page limits, formatting, spacing, signature blocks, tables, and proposed orders vary widely.
• Proof and compliance: Run a citation check, verify exhibit labels, confirm filing deadlines, and scan the PDF for readability.
• E-file smartly: Bookmarks for sections and exhibits help chambers staff. Use descriptive exhibit names.
• Ethics: Be accurate about the record and the law. Quote precisely. If a case was overruled or limited, say so.

Bonus drafting template for headings: “Because [key fact], [legal rule], the Court should [requested relief].”

Example: “Because Plaintiff pleads only conclusions and no facts showing breach, Rule 12(b)(6) requires dismissal.”

Summary Checklist

• Title and caption correctly reflect the motion and party filing
• Preliminary statement states the requested relief and main reasons
• Procedural history is accurate and brief
• Statement of facts is relevant, concise, and supported by record citations
• Issues presented are specific and framed as questions the court can answer
• Standard of review/legal standard appears before the analysis
• Argument uses clear point headings and applies law to facts
• Citations are accurate with pin cites; adverse authority is addressed
• Conclusion states the exact relief requested
• Signature block, date, and contact information are included
• Certificate of service and proof of filing are included if required
• Exhibits/declarations are labeled, cited, and attached
• Proposed order prepared if the judge requests one
• Local rules and judge’s standing orders checked for limits and format
• Word/page count verified; table of contents/authorities included if required
• Final proofread for typos, citations, and cross-references

Quick Reference

Related terms to look up:

• Counterclaim
• Responsive Pleading
• Show Cause Order
• Relation Back
• Motion for Substitution of Parties

Takeaway: A memorandum of law succeeds when it is clear, accurate on the record and the law, and tightly focused on the relief the court can grant.