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California Forms of Pleading and Practice--Annotated
 
Copyright 2016, Matthew Bender & Company, Inc., a member of the LexisNexis Group.


36-417 California Forms of Pleading and Practice--Annotated 417.syn


Title

Points and Authorities

Author

Expert Practitioners, Judges, and the Matthew Bender Editorial Staff

Chapter Summary


ABSTRACT TEXT:

This chapter discusses memoranda and their use in civil pretrial practice. Specifically, it covers the nature and purpose of points and authorities, and it compares points and authorities to briefs. It also examines the impact of statewide rules of court and discusses the use of supporting, opposing, and reply points and authorities.

In addition, the chapter discusses time requirements for both filing and serving memoranda. It examines the format requirements for memoranda of points and authorities under Cal. Rules of Ct., Rule 3.1113, including contents, limits on length, and citations. It also sets forth drafting considerations, including the introduction or summary of argument, statement of facts, statement of law, evidence, arguments, and reliance on authorities.

Finally, the chapter examines supporting evidence. It addresses preparing supporting evidence, declarations or affidavits, documentary evidence, and discovery products. It further discusses matters subject to judicial notice. The chapter includes a skeletal form of a memorandum and forms for use in an ex parte proceeding to obtain leave to file a memorandum that exceeds the page limits set by statewide court rule.

California Forms of Pleading and Practice (Matthew Bender)provides detailed analysis of the law, plus timesaving forms, checklists, and research guides. It covers all aspects of procedure in civil actions and proceedings, from pleadings to appeal, including arbitration and mediation; complaints, answers, and demurrers; and discovery. It offers encyclopedic coverage of all civil practice areas, including business and commercial law; civil rights; real estate; and torts. It also covers attorney practice and ethics and features regular updates on all relevant California and federal legislation, administrative regulations and procedures, judicial decisions, and California Rules of Court.

CORE TERMS:

Points and Authorities,Briefs,Supporting Points and Authorities,Supporting Memoranda,Reply Points,Rules of Court,Opposing Points and Authorities,Filing Memoranda,Service of Memoranda,Format of Memoranda,Argument,Statement of Facts,Statement of Law,Supporting Evidence,Affidavit,Declarations,Introduction,Conclusion

RELATED CHAPTERS: (View)

For discussion and forms relating to preparing and filing motions generally, see Chapter 372, Motions and Orders.

For discussion of the use of affidavits or declarations in support of noticed motions, see Chapter 15, Affidavits, Certificates, and Declarations.

For alternative forms of captions and introductions, see Chapter 108, Captions and Introductions.

For discussion of general format requirements for pleading and papers, see Chapter 123, Complaints and Cross Complaints.

For discussion and forms related to service of papers and electronic filing and service, see Chapter 518, Service of Summons and Papers.

For discussion and forms relating to fax service and filing of papers, see Chapter 264, Fax Filing and Service of Papers.

OTHER RELATED PUBLICATIONS:

For a discussion of techniques for drafting memoranda and other briefs, see California Points & Authorities (Matthew Bender), Chapter 1, Writing Legal Memoranda and Briefs.

For discussion and forms for use relating to motions to compel discovery, see California Deposition and Discovery Practice (Matthew Bender).

For discussion and forms for use relating to motions on evidentiary issues, trial motions, and post-trial motions, see California Trial Guide (Matthew Bender).
 
 
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