A memorandum contra is a legal document filed by an opposing party in response to a motion submitted to the court. Its purpose is to present arguments and evidence explaining why the court should deny the motion made by the other party. The rules governing the filing of a memorandum contra can differ based on the jurisdiction and the specific court's procedures.
Memorandum contras are commonly used in various areas of law, including civil, criminal, and family law. They are particularly relevant in situations where one party seeks a court ruling, such as a motion for summary judgment. In such cases, the opposing party can use a memorandum contra to articulate their legal arguments and present any attached evidence that supports their position.
Users can manage this process themselves with the appropriate legal templates available through US Legal Forms, which are drafted by qualified attorneys.
Here are a couple of examples of abatement:
Example 1: In a civil case, if Party A files a motion for summary judgment claiming there are no genuine disputes of material fact, Party B can file a memorandum contra demonstrating that there are indeed disputes, along with evidence such as witness statements.
Example 2: In a family law context, if one parent files a motion to modify custody arrangements, the other parent may file a memorandum contra arguing why the current arrangement should remain in place, supported by documentation of their involvement in the child's life.
Examples of state differences (not exhaustive):
| State | Filing Deadline | Specific Requirements |
|---|---|---|
| California | 15 days before the hearing | Must include supporting declarations. |
| Texas | 21 days before the hearing | Must cite relevant case law. |
| New York | 8 days before the hearing | Must include an affidavit of service. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Motion | A formal request to the court for a specific ruling. | A motion initiates a request, while a memorandum contra responds to it. |
| Opposition | A general term for any response against a motion. | Memorandum contra is a specific type of opposition that includes detailed arguments and evidence. |
If you find yourself needing to file a memorandum contra, start by reviewing the motion you are opposing. Gather your arguments and any evidence you can attach to support your case. Ensure you understand the specific rules and deadlines for your jurisdiction.
Consider using US Legal Forms to access ready-to-use legal templates that can help you draft your memorandum contra effectively. If your situation is complex or you are unsure about the process, seeking assistance from a legal professional may be beneficial.
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It serves to oppose a motion filed by another party, providing arguments and evidence to persuade the court to deny the motion.