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Legal Memorandum

A legal memorandum is a written document that lays out the facts of a case, the applicable law, and an analysis of how the law applies to those facts, usually to help a court or a lawyer decide an issue.

What it actually is

In a case, a legal memorandum is typically prepared by a lawyer for internal use or for submission to the court to argue a specific point, such as why a motion should be granted or denied. It appears before the trial or during pre-trial proceedings, as a persuasive or informative tool, and is not evidence itself but an argument about how the law should be applied.

Why it matters in your case

For someone in a court case, a legal memorandum is important because it often shapes how a judge thinks about a key legal question before a hearing or trial, potentially influencing a ruling that affects your case. It also forces both sides to clearly organize their arguments, which can reveal strengths or weaknesses in the other side’s position.

The common misunderstanding

A common misunderstanding is that a legal memorandum is a binding legal decision or order from the court; in reality, it is just a party’s argument or a lawyer’s internal analysis, and the judge may accept, reject, or modify its reasoning.

Get the actual rule

Definitions are orientation; rules are authority

This page explains the concept. When it matters to your case, read the rule that governs it in your court, we hold court rules for 28 states and the federal courts word for word, and every state's official resources are on the state pages. If someone cites a case at you, check that it exists first.

Related

Terms that travel with this one

General explanation, not legal advice, and not specific to any state, procedures and deadlines vary by jurisdiction and court. If you can get a lawyer or free legal aid, do: every real option.