Legal Definitions - at issue memorandum

An at issue memorandum is a formal legal document filed in a civil lawsuit that signals to the court that the case is ready to proceed to trial. It essentially declares that all involved parties have been officially notified of the lawsuit and have submitted their initial responses, and that there are specific, unresolved disagreements (or "issues") between them that require a judge or jury to decide.

This memorandum outlines precisely what those disputed issues are, confirming that the initial stages of the lawsuit, such as exchanging basic documents and formal responses, have been completed. It also typically provides the court with an estimate of how long the trial is expected to last, helping the court schedule its proceedings efficiently.

• Example 1: Business Contract Dispute

  Imagine a small business, "Tech Solutions," sued a software vendor, "Code Masters," for failing to deliver custom software on time, causing Tech Solutions significant financial losses. Code Masters admits there was a contract but argues that the delays were due to Tech Solutions' own changing requirements, not their fault. After initial legal filings and responses, Tech Solutions' attorney would file an at issue memorandum. This document would inform the court that both parties are officially engaged in the lawsuit, and the core disagreement to be resolved at trial is whether Code Masters breached the contract and, if so, the amount of damages Tech Solutions is owed. It would also estimate the trial duration, perhaps two weeks, for the court's planning.

  This example illustrates the term because it shows a civil case where parties agree on some facts (existence of a contract) but disagree on crucial points (breach, fault, damages) that need a trial. The memorandum formally declares this readiness and identifies those specific "issues" for the court.

• Example 2: Personal Injury Claim

  Consider a situation where Sarah was injured in a car accident involving another driver, Mark. Sarah is suing Mark for medical expenses and pain and suffering. Mark's insurance company acknowledges the accident occurred but disputes the severity of Sarah's injuries and whether Mark was entirely at fault. Once all initial legal papers have been exchanged and Mark has formally responded to Sarah's lawsuit, Sarah's lawyer would file an at issue memorandum. This document would notify the court that the case is prepared for trial, specifically identifying the "issues" as Mark's degree of fault and the appropriate compensation for Sarah's injuries. It would also include an estimate for the trial's length, perhaps three days.

  This example demonstrates the term because it highlights how the memorandum is used in a personal injury civil case to confirm that all parties are involved and that the specific points of contention—fault and damages—are clearly defined and ready for judicial resolution at trial.

• Example 3: Property Boundary Dispute

  Suppose two neighbors, the Millers and the Johnsons, are involved in a dispute over the exact location of their shared property line and whether the Johnsons have the right to use a specific portion of the Millers' land as a driveway (an easement). They agree they are neighbors and own adjacent properties, but they strongly disagree on the boundary and the easement rights. After the initial lawsuit is filed by the Millers and the Johnsons have submitted their formal response, the Millers' attorney would file an at issue memorandum. This document would inform the court that all parties are properly before the court and that the specific "issues" to be decided at trial are the precise property boundary and the existence or scope of the alleged easement. It would also provide an estimated trial length, perhaps one week, to help the court schedule.

  This example clarifies the term because it shows a civil dispute where the memorandum formally states that the core disagreements (property line, easement rights) are clearly defined and that the case is procedurally ready for a judge or jury to make a final decision.