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2013년 7월 7일 일요일

How to Prepare a Memorandum of Points and Authorities for Family Law Court when in Pro Per

Learn the Steps to Preparing a Persuasive Legal Code and Case Law Brief for Court

S Gardner
If you are representing yourself (in pro per) in a family law matter and are scheduled for trial, you will likely be asked to file what's called a "Memorandum of Points and Authorities". Knowing how to do this properly can greatly improve your chances of success in your case.
1. Start long in advance so you have plenty of time to do proper research.
2. Begin by searching online for other family law Memorandum of Points and Authority. You can use these as examples of how to format your document.
3. Search online for legal code and statutes in your state that are relevant to the issues to be heard at your trial. Be sure to include family law code, civil code and other code as appropriate for your case.
4. Research case law that supports your position. Begin with internet research, but if this is insufficient, find a law library in your area, often at a nearby university or law school, and look up recent cases in which the decisions of those courts or the winning arguments of the involved parties support your points.
5. Collect and compile the information on codes and case law that you find. List the legal code or statute numbers and sufficient text from those statutes. Also list full case addresses with select excerpts of pertinent cases for use in your Memorandum of Points and Authorities.
6. Locate blank legal "pleading paper" online on which you can write your document.
7. Fill in the top of the pleading paper with your identifying information and case number as well as the title of the pleading. Emulate the way other pleadings in your case have been done or look for other family law pleadings online to use as a model.
8. Proceed to write your Memorandum of Points and Authorities, presenting a brief narrative of why you believe your position is correct and inserting the family law codes and case law and a sufficient amount of the text of these codes and cases to support your argument.
9. Finish by signing and dating the document.
10. Serve and file your completed Memorandum of Points and Authorities at the time and in the manner indicated in your pre-trial order, keeping additional copies for yourself or for the court if requested.
Utilizing these steps, you should be able to craft a persuasive and professional Memorandum of Points and Authorities. Always take advantage of any free or inexpensive legal help you can find through local agencies or attorneys, if possible.
Published by S Gardner
S. Gardner is a freelance writer and researcher. She has experience as a weight loss and health counselor, a real estate agent, a small business owner and a high school history and civics teacher. She is a...  View profile

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