Memorandum

What memorandum means

In short, memorandum is a term you will meet in court papers, rules and legal research. The definition above gives its usual meaning in American civil practice. However, the exact meaning can depend on the rule, statute or court decision that uses it. So it helps to read the term in context.

Where memorandum comes up

For example, the term appears in these procedures:

• Motions: Form and Requirements (Fed. R. Civ. P. 7(b)): the general rules every written motion must follow.
• Opposition (to a Motion) (Fed. R. Civ. P. 6(c)(2), 56(c), 56(e); local rules): a party's written argument asking the court to deny another party's motion, usually with a memorandum of points and authorities and any supporting declarations or evidence.

How to research the term

To research memorandum, begin with the rule, statute or contract where the word is used. Each one can give it a slightly different meaning. Then compare that text with how courts in your area have applied it. Also check the local rules of your court, since they can add requirements. If your case is in state court, the state rules control. So start with our state procedures guide to find them. In the end, always confirm that the source you rely on is current.

You can read the official rule text online for free.

Related legal terms

• Motion: a request asking the court for an order. In federal court, motions must generally be in writing, state the grounds with particularity and state the relief sought.
• Movant: the party who files a motion.
• Nonmovant: the party responding to a motion.
• Order: a written direction or ruling by the court.
• Local rules: rules adopted by an individual court that supplement the general rules of procedure.

Why precise terms matter

Courts read legal terms closely. As a result, knowing the exact meaning of a word helps you follow orders, rules and filings. Each glossary entry on Lawtopolis is short on purpose and links to the pages where the term is used.