CHAPTER 15CHAPTER 15

Writing to the CourtWriting to the Court

The BluebookThe BluebookRule 3.2 – Pinpoint CitationsRule 3.2 – Pinpoint Citations

Directs the reader to the exact page that Directs the reader to the exact page that the cite information can be foundthe cite information can be found

Example: Example: Roe v. Wade Roe v. Wade 410 U.S. 113, 121 (1973).410 U.S. 113, 121 (1973). 121 represents the exact page that a cited 121 represents the exact page that a cited

quotation is locatedquotation is located

Rule 3.2 addresses pinpoint citations Rule 3.2 addresses pinpoint citations regarding books, review articles , and regarding books, review articles , and moremore

Rules of CourtRules of Court

Any documents filed with a court Any documents filed with a court must comply with that court’s must comply with that court’s particular rulesparticular rules FormForm ContentContent ConstructionConstruction

a/k/a: Local rules of courta/k/a: Local rules of court

The Memorandum of Points The Memorandum of Points and Authoritiesand Authorities

Document filed with the court analyzing Document filed with the court analyzing disputed issues in a pending casedisputed issues in a pending case

Often used to support or oppose a Often used to support or oppose a motionmotion

Frequently referred to as “P and A’s”Frequently referred to as “P and A’s”

The Memorandum of Points The Memorandum of Points and Authoritiesand Authorities

FormatFormat Case captionCase caption Table of contentsTable of contents Table of authoritiesTable of authorities

Case lawCase law Statutory law and constitutional provisionsStatutory law and constitutional provisions Secondary sourcesSecondary sources

Statement of factsStatement of facts Facts supported by the court recordFacts supported by the court record AffidavitsAffidavits Declarations Declarations

The Memorandum of Points The Memorandum of Points and Authoritiesand Authorities

GeneralGeneral FormatFormat IssuesIssues

ArgumentsArguments

ConclusionsConclusions

Signature (Attorney’s)Signature (Attorney’s)

Declarations Declarations

Written statements made by persons Written statements made by persons with actual first-hand knowledge of with actual first-hand knowledge of the factsthe facts

Often reads like a narrative of the Often reads like a narrative of the eventsevents

Made under penalty of perjuryMade under penalty of perjury

Affidavits Affidavits

Similar to declarationsSimilar to declarations

-except--except-

Sworn to before a notarySworn to before a notary

Trial and Arbitration BriefsTrial and Arbitration Briefs

Filed with the court or arbitratorFiled with the court or arbitrator Establishes legal support for a Establishes legal support for a

party’s claims or defensesparty’s claims or defenses Presents legal arguments regarding Presents legal arguments regarding

evidentiary issues that may arise at evidentiary issues that may arise at trial or hearingtrial or hearing

May be used to support jury May be used to support jury instructions at trial courtinstructions at trial court

Appellate BriefsAppellate Briefs

Required to be filed in appealsRequired to be filed in appeals Required of both the petitioner and Required of both the petitioner and

respondentrespondent Petitioner must address legal errors Petitioner must address legal errors

committed by the trialcommitted by the trial Respondent answers and rebuts the Respondent answers and rebuts the

petitioner’s briefpetitioner’s brief

Appellate BriefsAppellate Briefs

Petitioner’s and respondent’s briefs must Petitioner’s and respondent’s briefs must refer directly to:refer directly to: Clerk’s and Reporter’s TranscriptsClerk’s and Reporter’s Transcripts

Clerk’s Transcript: Copies of all Clerk’s Transcript: Copies of all documents filed in the casedocuments filed in the case

Reporter’s Transcript: Verbatim record of Reporter’s Transcript: Verbatim record of the oral proceedings in the casethe oral proceedings in the case