CHAPTER 15 Writing to the Court

The Bluebook Rule 3.2 – Pinpoint Citations Directs the reader to the exact page that the cite information can be found Directs the reader to the exact page that the cite information can be found Example: Example: Roe v. Wade 410 U.S. 113, 121 (1973). 121 represents the exact page that a cited quotation is located 121 represents the exact page that a cited quotation is located Rule 3.2 addresses pinpoint citations regarding books, review articles, and more Rule 3.2 addresses pinpoint citations regarding books, review articles, and more

Rules of Court Any documents filed with a court must comply with that court’s particular rules Any documents filed with a court must comply with that court’s particular rules Form Form Content Content Construction Construction a/k/a: Local rules of court a/k/a: Local rules of court

The Memorandum of Points and Authorities Document filed with the court analyzing disputed issues in a pending case Document filed with the court analyzing disputed issues in a pending case Often used to support or oppose a motion Often used to support or oppose a motion Frequently referred to as “P and A’s” Frequently referred to as “P and A’s”

The Memorandum of Points and Authorities Format Case caption Case caption Table of contents Table of contents Table of authorities Table of authorities Case law Case law Statutory law and constitutional provisions Statutory law and constitutional provisions Secondary sources Secondary sources Statement of facts Statement of facts Facts supported by the court record Facts supported by the court record Affidavits Affidavits Declarations Declarations

The Memorandum of Points and Authorities General Format Issues Issues Arguments Arguments Conclusions Conclusions Signature (Attorney’s) Signature (Attorney’s)

Declarations Written statements made by persons with actual first-hand knowledge of the facts Written statements made by persons with actual first-hand knowledge of the facts Often reads like a narrative of the events Often reads like a narrative of the events Made under penalty of perjury Made under penalty of perjury

Affidavits Similar to declarations -except- Sworn to before a notary

Trial and Arbitration Briefs Filed with the court or arbitrator Filed with the court or arbitrator Establishes legal support for a party’s claims or defenses Establishes legal support for a party’s claims or defenses Presents legal arguments regarding evidentiary issues that may arise at trial or hearing Presents legal arguments regarding evidentiary issues that may arise at trial or hearing May be used to support jury instructions at trial court May be used to support jury instructions at trial court

Appellate Briefs Required to be filed in appeals Required to be filed in appeals Required of both the petitioner and respondent Required of both the petitioner and respondent Petitioner must address legal errors committed by the trial Petitioner must address legal errors committed by the trial Respondent answers and rebuts the petitioner’s brief Respondent answers and rebuts the petitioner’s brief

Appellate Briefs Petitioner’s and respondent’s briefs must refer directly to: Petitioner’s and respondent’s briefs must refer directly to: Clerk’s and Reporter’s Transcripts Clerk’s and Reporter’s Transcripts Clerk’s Transcript: Copies of all documents filed in the case Clerk’s Transcript: Copies of all documents filed in the case Reporter’s Transcript: Verbatim record of the oral proceedings in the case Reporter’s Transcript: Verbatim record of the oral proceedings in the case