Legal Definitions - points and authorities

Definition: Points and Authorities refer to the written document that accompanies most motions in court.

Explanation: When a lawyer files a motion in court, they must provide a written document that explains the legal arguments they are making. This document is called Points and Authorities. It is a way for the lawyer to present their case and convince the judge to rule in their favor.

Example: Let's say a lawyer is representing a client who was injured in a car accident. The lawyer files a motion asking the court to compel the other driver to turn over their insurance information. The Points and Authorities document would include legal arguments and citations to support the lawyer's position. For example, the document might cite a state law that requires drivers to exchange insurance information after an accident. It might also cite a court case where a judge ordered a driver to turn over their insurance information in a similar situation.

Another Example: A lawyer files a motion to dismiss a case against their client. The Points and Authorities document would include legal arguments and citations to support the lawyer's position. For example, the document might cite a statute of limitations that has expired, making the case invalid. It might also cite a court case where a similar case was dismissed for the same reason.