Is a legal brief the same as a motion?
Asked by: Dustin Witting | Last update: October 17, 2025Score: 4.4/5 (36 votes)
A motion is an application to the court for relief. A brief is the legal argument in support of a motion or an appeal, and the term normally used in appellate practice.
What is the difference between a brief and a motion?
Think of the motion as the request by itself. The reasoning for the request (the argument) is a separate document. That is the Brief or, in lieu of the brief, Points and Authorities. Some motions may be governed by specific standards set forth by court rule or statute.
What is another word for legal brief?
Legal memoranda are sometimes called “briefs”. The word “brief”, however, has another meaning – it refers to a short synopsis of a case. Instead of reading a 25 page case, for example, many attorneys will ask their clerks (or their associates) to summarize a case – or to “brief” the case.
What is considered a legal brief?
The word "brief" has two general meanings in legal parlance. As a noun it can be the written argument a lawyer files with a court in support of his or her client's case. As a verb (as used here), "briefing the decision" means to prepare a short summary of the court's written decision in a case.
What is a brief also known as?
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. '"
What is a Legal Brief
What is a motion in legal terms?
A motion is a written request made to the court, asking the judge to issue an order. The motion must be supported by evidence.
Is a brief considered a pleading?
Pleadings: Written statements filed with the court that describe a party's legal or factual assertions about the case. Pleadings may include a complaint, an answer, a motion, or a brief.
How long can a legal brief be?
(c) Length
(1) Except as provided in (5), a brief produced on a computer must not exceed 14,000 words, including footnotes. Such a brief must include a certificate by appellate counsel or an unrepresented party stating the number of words in the brief.
Who writes a legal brief?
Unless you're a brand new attorney working at a solo shop that you opened yesterday, I guarantee that you are not the first person within your firm to write a legal brief. In fact, most firms have brief templates that they like associates and paralegals to use time and time again.
Are legal briefs justified?
For legal documents, some lawyers prefer justified text (also called “fully justified” text) and others prefer left-aligned text (also called “left-justified” text).
Do lawyers write legal briefs?
In general, most lawyers write their own legal briefs, at least in a solo practice or small firm. In a law firm, particularly a large one, the lead partner will sign the brief, but more junior lawyers will typically have done the bulk of the research and writing.
What is the difference between a motion and a pleading?
Pleadings do not ask the judge to make decisions. Motions, on the other hand, ask judges to make decisions. Motions are mostly written but can be oral requests that can be presented only after the complaint has been filed.
What is it called when you win a lawsuit?
A judgment is really just a piece of paper that serves as judicial recognition that this person owes you this amount of money. Unfortunately, just because the judge awarded you a money judgment does not mean that the defendant is immediately going to pay the amount owed.
What is the 3 types of motion?
The following are the types of motion: Linear Motion. Rotary Motion. Oscillatory Motion.
How to file a motion in court without an attorney?
- You write your motion.
- You file your motion with the court clerk.
- The court clerk inserts the date and time your motion will be heard by the judge.
- You “serve” (mail) your motion to the other side.
What is motion brief?
What is a Motion Brief? The Motion Brief is a document that gives you a chance to refer to relevant cases and statutes, provide argument, and highlight relevant facts from your affidavit.
Is a legal brief a motion?
A brief can take various forms based on the nature and stage of the litigation. It can be a memorandum of law regarding a motion, an appellate brief on whether the trial court's ruling should be upheld, or a mediation statement to resolve a matter.
What is the purpose of a legal brief?
A Statement of Facts that sets forth all of the key factual elements a court should use in making its decision.
What do legal briefs look like?
Components of a Case Brief A case brief is made up of 7 main components. The main components include the case name, facts, procedural history, issue, holding, reasoning, and rule.
Can anyone write a brief?
Anyone can write an amicus brief, but only an attorney admitted to practice before the Court can file the brief (see Rule 37 of the Supreme Court rules).
Do lawyers do case briefs?
It is important to remember, however, that briefing cases is a large part of being a lawyer. The better you get at it now, the more effective you'll be in the future. When practicing, it will become equally as important that you read and analyze cases quickly as it is important that you do so accurately.
How do you end a legal brief?
Generally, in documents submitted to a court (e.g., motion for summary judgment, appellate brief, etc.), the conclusion is even shorter than it is for office memoranda. In this case, the conclusion is typically no more than one sentence and simply asks the court for the relief being sought.
Are briefs public record?
Records and briefs from other courts may be available online, from the court's clerk, or from libraries within the geographic region of the court. For federal courts, the best source for recent (1996-present) records and briefs is PACER, or Public Access to Court Electronic Records.
Are legal briefs double spaced?
Spacing and numbering of lines. The spacing and numbering of lines on a page must be as follows: (1) The lines on each page must be one and one-half spaced or double-spaced and numbered consecutively.
What type of document is a brief?
A briefing paper, or briefing note, is a document that is used to inform decision makers (a board, a politician, etc.) on current issues. It is a clear and concise document that summarizes an issue and identifies key pieces of information like a situation that needs to be addressed and the financial implications.