Legal Definitions - Memorandum of Points and Authorities

A Memorandum of Points and Authorities is a formal legal document filed with a court by a party involved in a lawsuit. Its primary purpose is to provide the court with a detailed explanation and legal justification for a specific request or "motion" that the party is making. When a party asks the court to take a particular action—such as dismissing a case, allowing certain evidence, or changing a previous order—they typically must file a Memorandum of Points and Authorities to support their request.

This document typically includes:

• A clear statement of the facts relevant to the motion.
• The legal arguments explaining why the court should grant the motion.
• Citations to relevant laws (statutes), previous court decisions (case law), and other legal authorities that support the party's position.
• A conclusion summarizing why the court should rule in their favor.

Essentially, it's a persuasive essay to the judge, demonstrating that the requested action is legally sound and supported by facts.

Examples of a Memorandum of Points and Authorities in action:

• Motion to Dismiss a Lawsuit:

  Imagine a situation where a software company is sued for breach of contract, but the company believes the lawsuit was filed after the legal deadline (statute of limitations) expired. The company's legal team would file a "Motion to Dismiss" the case. Alongside this motion, they would submit a Memorandum of Points and Authorities. This document would lay out the specific dates, cite the relevant state statute of limitations, and reference prior court cases that support the argument that the lawsuit is legally time-barred. The memorandum would explain to the judge, with legal precision, why the case should not proceed.

• Motion to Modify Child Custody:

  Consider a parent who has an existing child custody order but experiences a significant change in circumstances, such as a new job requiring relocation to a different state, which impacts their ability to adhere to the current visitation schedule. This parent would file a "Motion to Modify Child Custody." To support this motion, they would submit a Memorandum of Points and Authorities. This document would detail the new job offer, explain how it affects the child's best interests, and cite family law statutes and case precedents that allow for custody modifications when there's a substantial change in circumstances. It would argue why the proposed new custody arrangement is legally appropriate and beneficial for the child.

• Motion to Suppress Evidence in a Criminal Case:

  In a criminal trial, if a defense attorney believes that certain evidence (like a confession or items seized from a car) was obtained by the police in violation of the defendant's constitutional rights, they would file a "Motion to Suppress Evidence." Accompanying this motion would be a Memorandum of Points and Authorities. This document would meticulously describe the circumstances under which the evidence was gathered, cite specific constitutional amendments (e.g., the Fourth Amendment regarding unreasonable searches and seizures), and reference landmark Supreme Court cases that establish the rules for legal evidence collection. The memorandum would argue that because the evidence was illegally obtained, it should be excluded from the trial.