At-Issue Memorandum: What It Is and Why It Matters in Legal Proceedings

Definition & Meaning

An At-Issue Memorandum is a legal document used in civil cases. It indicates that all parties involved in the case have been served with the necessary documents and that they are ready to resolve specific issues at trial. Essentially, this memorandum signals that the case is prepared to move forward to trial. Additionally, it may include an estimate of the time required for the trial proceedings.

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Real-world examples

Here are a couple of examples of abatement:

Example 1: In a personal injury lawsuit, the plaintiff files an At-Issue Memorandum after both parties have exchanged discovery documents and completed depositions. This indicates that they are ready to proceed to trial to resolve the case.

Example 2: (hypothetical example) In a contract dispute, after both parties have filed their motions and responses, they submit an At-Issue Memorandum to the court, stating that they are prepared to present their arguments at trial.

State-by-state differences

Examples of state differences (not exhaustive):

State Notes
California Requires specific formatting for the At-Issue Memorandum.
Texas May have different deadlines for filing the memorandum.
New York Typically requires additional documentation along with the memorandum.

This is not a complete list. State laws vary and users should consult local rules for specific guidance.

What to do if this term applies to you

If you find yourself needing to file an At-Issue Memorandum, ensure that all parties have been properly served and that you have completed any necessary pre-trial steps. You can utilize templates available through US Legal Forms to assist you in preparing this document. If your situation is complex or if you have questions, consider seeking help from a legal professional to ensure compliance with local rules.

Key takeaways