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Family law question

Ventura, CA |
Filed under: Family law

I know you have to "attach" the FL-320 Responsive papers to a memorandum of points and authorities. Does this meany physically attach them with a staple or just file them at the same time?

Attorney Answers 3

Posted

You should check your court's Local Rules for guidance on this as oftentimes it can vary from court to court. Generally, as the other attorney stated, a Memorandum of Points and Authorities is not required. However, if you are writing a Declaration, and need more space than provided on the FL-320, you should staple it to the FL-320 and submit together. Best wishes!

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Posted

Yes, I know it is unusualy for a P&A to be submitted, but the judge said "Provide me with your authorities" and I asked this question on here and was told that it is a "Memorandum of Points and Authorities." The case is highly contested and it is a very thorough judge. Thank you so much for your answer though! Very helpful. I have been reviewing the CRCs for the court and following through on every detail to format and provide everything necessary to present a good argument.

Posted

Not every "Responsive" pleading requires a Memorandum of Points and Authorities. If you have such a memorandum, that writing must be "stapled" to the Responsive form, along with the most important document which is the declaration in support of your requested orders.

This answer does not constitute legal advice, and should not be relied on, as each party and case require fact specific responses, which cannot be provided without thorough evaluation of all pending legal issues and case facts. That evaluation can be accomplished during and/or after a comprehensive consultation - 30 minutes free. This answer does not create an attorney-client relationship.

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Posted

I agree with my colleagues. If you do choose to include a Memorandum of Points and Authorities, you can either attach it to your Responsive Declaration or file it separately (so long as it has an appropriate caption page).

Unless you are a lawyer, I would caution against drafting your own Memorandum of Points and Authorities, especially since the judge will question whether you are citing to good law. If you responding to the cases cited by the opposing counsel, then make sure you explain in your Memorandum of Points and Authorities why the case opposing counsel has cited to is distinguishable from the facts of your case.

Also, if your judge has been on the bench for awhile, then chances are that he/she knows the statutory law so it is frequently unnecessary to cite to statutes.

I am including links below which may be of some help. Good luck.

If you found this answer helpful, let me know by clicking the "Mark as Helpful" button or "Best Answer" at the bottom of this answer. By answering this question, the Law Offices of Cathleen E. Norton does not intend to form an attorney-client relationship with the asking party. The answers posted on this website should not be construed as legal advice. The Law Offices of Cathleen E. Norton does not make any representations about your family law matter, but rather, seeks to provide general information to the public about family-law related matters. You should consult with an attorney to discuss the specific facts of your case. Thank you.

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