District court — civil · Motions
Memorandum of Law / Brief in Support
Sets out the legal argument supporting a motion or position.
Filed by: Any party
Not yet verified. Compiled from the national rules and not yet verified by a reviewing attorney. The national rules are amended each December 1, and local rules, standing orders and judges' practices add to them. Confirm with the current rules before filing. This is not legal advice.
What it must include
- Caption: court name, title of the action, file number and document designation (FRCP 10(a))
- Table of contents and table of authorities (required above a page threshold by many local rules)
- Preliminary statement, statement of facts, argument and conclusion
- Signature of attorney of record with address, email and phone (FRCP 11(a))
- Certificate of service, unless served through the court’s electronic-filing system on registered users (FRCP 5(d)(1)(B))
Governing rules
- FRCP 7(b)
- Local rules
Check the local rules for
- Font, spacing, margin and page-limit rules
- Word/page limits and certificate of compliance
- Assigned judge’s individual practices or standing orders
Applies in federal district courts. Find your court for its local requirements.
Other motions
Draft this filing in DraftAria.
Court-formatted template with this checklist built in, and brackets where your matter details go.