Legal Definitions - points and authorities

The term points and authorities refers to a written legal document that a lawyer submits to a court, typically alongside a formal request called a "motion." Its purpose is to persuade the judge to grant the motion by explaining the legal reasons and supporting evidence for the request.

This document is divided into two main components:

• Points: These are the specific legal arguments, reasons, or propositions that the lawyer is making to support their motion. They explain *why* the court should rule in their favor.
• Authorities: These are the legal sources that back up the "points." They include citations to relevant statutes (laws passed by legislatures), regulations, court rules, and previous court decisions (case law or precedents) that demonstrate the legal basis for the arguments presented.

Essentially, a document of points and authorities is the lawyer's detailed explanation and justification, using established law, for why the court should take a particular action.

Examples:

• Example 1: Requesting an Extension of Time

  Imagine a lawyer needs more time to prepare a complex legal filing due to unforeseen circumstances, such as a key witness becoming unavailable. They would file a motion for an extension of time. Accompanying this motion would be a document titled "Points and Authorities in Support of Motion for Extension of Time."

  In this document, the points would explain the specific reasons for needing more time (e.g., the complexity of the case, the unavailability of the witness, the volume of evidence to review). The authorities would cite specific court rules or previous judicial decisions that allow judges to grant extensions under such circumstances, demonstrating that the request is legally permissible and justified.

• Example 2: Seeking to Dismiss a Lawsuit

  A defendant in a lawsuit believes that the court does not have the legal power to hear the case because the dispute occurred in a different state. They would file a motion to dismiss for lack of jurisdiction. This motion would be accompanied by a document of "Points and Authorities."

  The points in this document would argue that the court lacks "personal jurisdiction" over the defendant or "subject matter jurisdiction" over the type of dispute. The authorities would cite specific state or federal statutes defining jurisdictional limits, as well as relevant Supreme Court or appellate court decisions that have established the legal standards for determining when a court can properly hear a case. This shows the judge precisely why, under established law, the case should not proceed in that particular court.

• Example 3: Requesting Specific Evidence During Discovery

  During the "discovery" phase of a lawsuit, one party might refuse to provide certain documents or answer specific questions. The opposing lawyer, believing this information is crucial, would file a motion to compel discovery. This motion would be supported by a document of "Points and Authorities."

  The points would explain *why* the requested documents or answers are relevant and necessary for preparing their case, and *why* the opposing party's refusal is improper. The authorities would cite specific rules of civil procedure governing discovery (e.g., Rule 26 of the Federal Rules of Civil Procedure) and relevant case law that supports the right to obtain such information, demonstrating that the request is within the bounds of legal discovery rules.