Is it okay to call a “Memorandum of Law” a “Brief?” I am not a fan of it but have seen people do it. Yay or Nay?

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I use memorandum of law when I’m filing a trial court motion that involves a detailed analysis, such as a MSJ or MTD. I usually file a short motion citing the applicable rule and summarizing the relief that I’m seeking and then attach a memorandum of law to the motion. I only use “brief” to refer to the bound thing that you file on an appeal that your supervising partner says shouldn’t take more than an hour.


It doesn’t really matter.


I usually see "Brief in Support of []'s Motion" rather than Memorandum of Law, so it may be a matter of local custom.


Agreed that it may be local custom. My firm titles theirs “[atty name]’s Memorandum of Points and Authorities in [Response to/Support of/Defense of] [Pltf/Def]’s [rule #] Motion....”

So in practice it would be “XYZ’s Memorandum of Points and Authorities in Support of Defendant’s Rule 12(b)(6) Motion to Dismiss”


The firm I’m at uses Memorandum of Points and Authorities in Support of [blah blah].

I don’t think any right or wrong way as long as the court undersdands


Only appropriate in appellate/sc briefs. Every other motion should simply be titled “memorandum of law” dressed up in whatever way is appropriate depending on the given motion. Unless local rule dictates calling it a brief...


In what context?

Yeah but like I would label it Memo of law then if I'm citing it see P's breif in support. But they're pretty Interchangeable.


Depends where you are. Some states have rules that differentiate between the two.

Depends on the jx. The states I practice in call it anything from “brief in support” to “suggestions in support” to “memo in support”. Check local rules and see what terminology they use.

You and me both. Lol

Our state rules call it a memorandum of law so that’s what I title it but internally I call it a brief

Memorandum of points and authorities in my jdx

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