USING MEMORANDA

When you file a motion, also file a memorandum in support of your motion, setting forth the issue your motion addresses and the appellate court opinions that agree with your argument in favor of the motion.

When the other side files a motion, you file a memorandum in opposition to the other side's motion, setting forth the issue the other side's motion addresses and the appellate court opinions that agree with your argument why the other side's motion should not be granted.

Remember: It is not your opinion that carries weight with the courts. It is the written opinions of the appellate courts over the trial court judge. By using memoranda you put the court on notice that you know what the appellate courts' opinions are and that you're prepared to file a winning appeal if the trial judge disagrees with you.