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Filing a Memorandum

Filing a written Memorandum with the lower court allows you to tell your side of the case.

  • A Memorandum must be filed within 60 calendar days from the date your Notice of Appeal was due
  • The Memorandum is filed with the clerk of the lower court (either municipal or justice)
  • Bring two copies and the original to the clerk of the court to be date-stamped - the original and one copy go to the clerk, then one copy is for your records
  • The court will send the Memoranda to the Superior Court and the appellee
  • Include
    • The Facts: a short statement of the facts of your case.  References to the Record on Appeal should support your factual statements.
    • Your Argument: a short statement explaining why you believe the ruling of the lower court to be incorrect.  Include references to court rules, state statutes, and case law.
    • Your Conclusion: a summarizing statement clarifying what you want the Superior Court to do.
  • You cannot introduce new evidence
  • If you wish to appear and make a statement to the Superior Court, you have to state "Oral Argument Requested" in the caption on the first page