Celebrating 10 years! 2007-2017

Just received a motion with no legal citations

Someday I am going to work "this isn't Vietnam, there are ru jorgedeclaro10/10/17
What kind of motion? pauperesq10/10/17
Motion for order to show cause. They are basically asking fo jorgedeclaro10/10/17
Haha, I love when the other side produces complete garbage. 3lol10/10/17
So you got my motion, eh?:) I kid I kid kramer71610/10/17
Lol subprimejd10/11/17
I would have thought a motion without citations to legal aut specv31310/10/17
Very common in both state court and federal court for the mo jorgedeclaro10/10/17
Your jurisdiction calls them memorandum of points and author junkwired10/10/17
Both terms are acceptable for the same thing. "Memorandum of jorgedeclaro10/10/17
That phrase is used in our federal local rules. 2breedbares10/11/17
And oddly enough it is a phrase only used in one of the four jorgedeclaro10/11/17
Some judges do not care. They will rule off of intuition and spaghetti10/12/17
So he's obviously asking for an injunction. Like summary jud onehell10/12/17
Yeah, but he doesn't have a clear legal right. What he is as jorgedeclaro10/12/17
jorgedeclaro (Oct 10, 2017 - 12:47 pm)

Someday I am going to work "this isn't Vietnam, there are rules" into an opposition brief.

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pauperesq (Oct 10, 2017 - 1:18 pm)

What kind of motion?

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jorgedeclaro (Oct 10, 2017 - 1:42 pm)

Motion for order to show cause. They are basically asking for a preliminary injunction without saying they are asking for a preliminary injunction.

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3lol (Oct 10, 2017 - 1:56 pm)

Haha, I love when the other side produces complete garbage.

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kramer716 (Oct 10, 2017 - 2:06 pm)

So you got my motion, eh?:) I kid I kid

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subprimejd (Oct 11, 2017 - 9:10 am)

Lol

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specv313 (Oct 10, 2017 - 4:04 pm)

I would have thought a motion without citations to legal authority would be entirely proper. In my jurisdiction, a motion is only required to set forth "facts" (not citations to case law) that constitute grounds for the relief sought. The brief in support of the motion is where a party makes their legal argument with citations.

By the way, doesn't this website cater to attorneys on all jurisdictions? What the heck is a motion for order to show cause?

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jorgedeclaro (Oct 10, 2017 - 4:12 pm)

Very common in both state court and federal court for the motion for relief to be combined with the memorandum of points and authorities in support.

If you want to split them, in my jurisdiction the motion sets forth the procedural ground for the relief and the evidence being submitted in support (for example a motion for summary judgment "This motion is brought pursuant to Fed. R. Civ. P. 56 and is supported by the Declaration of Jimmy Johnson and the file and record herein"). The memorandum of points and authorities would then have a fact section providing a narrative of the evidence followed by legal argument and application of law to facts.

In this case, the motion does not cite any legal authority and there is no memorandum of points and authorities in support.

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junkwired (Oct 10, 2017 - 4:45 pm)

Your jurisdiction calls them memorandum of points and authorities instead of memorandum of law?

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jorgedeclaro (Oct 10, 2017 - 5:30 pm)

Both terms are acceptable for the same thing. "Memorandum of points and authorities" is often used in federal court. I thought it was a direct quote from the federal rules of civil procedure but that does not appear to be the case. I don't know where that phrase originated.

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2breedbares (Oct 11, 2017 - 3:11 am)

That phrase is used in our federal local rules.

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jorgedeclaro (Oct 11, 2017 - 2:04 pm)

And oddly enough it is a phrase only used in one of the four district court local rules where I practice.

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spaghetti (Oct 12, 2017 - 2:06 am)

Some judges do not care. They will rule off of intuition and their sense of fairness.

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onehell (Oct 12, 2017 - 4:03 pm)

So he's obviously asking for an injunction. Like summary judgment, everyone knows the standard for that. And yet who knows how many trees we kill every year reciting the standard, in full, over and over again, for no real reason?

I wouldn't do it myself, but hey, FRCP Rule 1: All rules are construed to foster the "just, speedy, and inexpensive determination of every action and proceeding" and in the comment, to "discourage over-use, misuse, and abuse of procedural tools that increase cost and result in delay." So if any damn fool knows what he wants and what standard applies to the request, you don't deny it just for failure to include some rote recitation about irreparable harm and likelihood of success.

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jorgedeclaro (Oct 12, 2017 - 5:19 pm)

Yeah, but he doesn't have a clear legal right. What he is asking for is more or less prohibited by statute.

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