Legal Question in Family Law in California

What are points and authorities?


Asked on 10/15/15, 7:56 am

1 Answer from Attorneys

The full term is "memorandum of points and authorities," which may help clarify it for you right there. They are also sometimes called "briefs," although technically they are structured differently and have a few different rules from a true brief which is filed on appeal. More specifically the points and authorities is the written argument that is submitted to the court along with a request that the court do something, most commonly a motion to issue an order, or in opposition to such a request after the other party has filed it. The points and authorities should outline the relevant facts relating to the motion, although the facts themselves must be submitted into evidence via separate declarations and exhibits, a discussion of the relevant legal authorities, such as statutes and case law, and an analysis and argument for why the legal authorities as applied to the relevant facts support the issuance or denial of the order or other action requested.

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Answered on 10/15/15, 8:07 am


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