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Self-Help: Writing a Brief or Memorandum of Law

What is a Brief?

"What is a brief? Generally, it is a short summary of a position that you are taking... It includes the facts of your case, the relevant law, and how you want the court to apply the law to the facts. A brief is often called a 'Memorandum of Law.'"  

- Janet S. Kole, A Brief Guide to Brief Writing: Demystifying the Memorandum of Law (p. 1)

PA Court Rules about Writing a Brief

Court Rules are the practices and procedures for court.

The following court rules may help you get started on writing a brief or memorandum of law in PA. Other court rules might apply. 

Pennsylvania Rules of Civil Procedure (Pa.R.Civ.P.)

Pennsylvania Rules of Appellate Procedure (Pa.R.A.P.)

Philadelphia County Local Rules: Common Pleas-Trial Division-Civil 

Here are links to local rules from other area counties:

 

For more information, see our Pennsylvania Court Rules - State and Pennsylvania Court Rules - County research guides. 

State and county court rules are also available in print and on legal databases when visiting Jenkins. Ask a librarian for help finding or using these resources. 

Books & Manuals at Jenkins

A Brief Guide to Brief Writing: Demystifying the Memorandum of Law 
This book provides a general introduction to brief writing.  Please consult Philadelphia Civil Rule 210 (see above) for specifics on writing a Memorandum of Law in the Philadelphia courts.

Philadelphia Court of Common Pleas Civil Practice Manual

  • Chapter 7. Motion Practice, § 7-2.3(c) discusses Memorandums of Law in Philadelphia.
  • Form 5-1F presents one sample, titled "Memorandum of Law in Support of Plaintiff's Petition for Special Injunction." This sample form provides an example of the layout and structure of a memorandum of law. You will likely need to rewrite your own memorandum using a similar format and include the specific facts of your case. 

Legal Writing and Analysis in a Nutshell 
Provides steps to develop clear, precise, and effective legal writing and analysis.
Also available as an eBook via West Academic Digital Library when visiting Jenkins. 

The Bluebook: A Uniform System of Citation 
This manual explains the correct ways to cite statutes, regulations, case law, and other resources.

PA Style: A Pennsylvania Stylebook and Citation Guide for Legal Writing 
Information on how to cite to Pennsylvania statutes, cases, and more.

Sentence, Paragraph, Argument, Brief
This book offers detailed help for a practical approach to brief-writing. 

For more information, see Jenkins' Pennsylvania Appellate Law and Practice research guide.