What Is A Memorandum Or Memo?

A memorandum or memo for short is commonly understood to be an official document

originating from an office. There are various types of memos. For example, in a business
environment, the Memorandum of Understanding (MOU) and Memorandum of Association
(MOA), are common. A memorandum is written to communicate or convey a brief message on a
given subject or topic. Apart from specific memos, two of which have been cited earlier, a
memorandum is usually not more than one page.
Notes On Writing A Memorandum
A memorandum is generally made up of three parts. These being: Introduction, Body and
Conclusion. Many office memos come in a standard and pre-approved format. The
headings in a standard format are: To, From, Date, Subject and Reference. The memo
may be addressed to an individual or a group of individuals. They are usually addressed
by position or designation. Including a name and title if it is addressed to an individual is
an accepted practice.
Below the headings are the introduction, body and conclusion. In the introduction, the
purpose or why the memo is being written and what would be focus of attention would be
explained. The body will provide details of the subject such as what is the issue, what are
the implications and other considerations including options. The conclusion will state
what needs to be done, by whom and when.
The memo needs be brief, to the point and clear. The general rule is one idea or issue per
memo. If many ideas or issues need to be communicated, it would be better to call for a
meeting or discussion. The target audience must be kept in sight. Key questions such as
why the memo is being written, what needs to be conveyed and what is the expected
outcome must be constantly kept in mind. This must be done before writing the memo,
while it is being written and after it is completed.
Be economical with words. Use simple language. Use the active voice. Use active verbs.
The reader wants to read the document and move on to what needs to be done. Use the
correct titles before the name such as Mr., Mrs., Ms., and so on.

Editing The Memorandum
After completing the memo, review it for accuracy, brevity and clarity. Read it out and check
how it sounds or comes through. Check details such as date and address. These are important for
ensuring that the message is delivered to the correct target audience and quickly. Additionally, it
makes document control easier. Do not overlook the importance of correct spelling and
grammar.
Proofreading and editing is critical to better writing. You can now easily and conveniently do
this with a writing software that uses a unique technology that provides the first context-related,
all-in-one solution for improving writing. Developed by a leading team of software, algorithm,
and Natural Language Processing experts, for the first time ever, users can easily enhance their
writing skills. This revolutionary writing tool instantly analyzes the complete text and provides
context-based recommendations to replace words with synonyms, to add adjectives and adverbs,
to check spelling, and to verify proper grammar use. For Business Writing, a special version
software is also available.

Article Source: http://EzineArticles.com/989539

A memorandum or letter that aims to issue a directive should be written in a professional,
simple, yet courteous manner. The directives contained in the letter/memorandum should be
clear and precise. Whether its in letter or memorandum format, the correspondence should
clearly state the subject matter. Bullets may be used to highlight key points.
A ranking officer issuing the directives need not discuss so many details in the letter. It may be
good, though, to clearly indicate any foreseen problem and how it may be solved. A memo or
letter issuing directives specifically states how you expect the reader to proceed in order to
accomplish certain tasks.
A memorandum or email message may suffice for subordinates coordinating with each other to
carry out tasks as part of an activity, or to get updates on routine tasks or assignments.
Here is a memorandum issuing directives, citing specific tasks that need to be undertaken:












Sample Letter
Memorandum on Sales Departments Participation at FIABCI World Congress
DATE : 18 June 2010
TO : Mr. Lim Meng Wee
FROM : Mr. Victor Wong
SUBJECT : FIABCI World Congress
=====================================================================
The FIABCI (Federacion Internationale Administrateurs de Bien Conselis Immobilieres) is
staging the FIABCI World Congress on July 19-23, 2010 in Beijing, China. Kindly inform every
member of the sales force to mark the date, since we have signed up as one of the participating
firms. I would appreciate it if you would encourage everyone to go, and provide me with the
names of those who will be attending no later than the 30th of June. We will, of course, pay the
entrance fees for all those attending.
In connection with said event, please handle the following:
Set up reception table with brochures at the Congress venue
Coordinate with advertising agency and reserve for advertising space in two major daily
newspapers; include an advertorial about our company participation at the National Advertising
Congress
Order new banners and pop-up displays for the aforementioned event
If you have any questions, please dont hesitate to call me up or bring it up at the next
management meeting
Thank you for your prompt attention to this matter.









A letter from a company officer giving advice to a staff member is usually written when the
officer sees that a particular employee needs more guidance from their superiors in the
performance of their duties. It can either offer corrective advice to staff members doing a certain
task or give suggestions on how a particular job can be performed in a better manner. The most
important thing to remember about this type of letter is that its ultimate intention is to help the
employee improve their work performance, not to scold them or take them to task for perceived
shortcomings.
The essential elements of this type of letter are the identification of the particular duty or task
that needs improvement and the advice being given by the letter writer. It can begin with the
writer assuring the employee that they are generally satisfied with their performance, and then
continue by saying that however, they have noticed the following areas that could use some
improvement. The rest of the letter then gives their advice on how to effect the improvements.
The tone of the letter should be professional but not too formal, as the writer does not want to
make the employee feel bad.
Below is a sample of a letter in which a supervisor gives advice to an employee.














Sample Letter
April 10, 2010
Nelson and Sons
Washington, D.C.
email@server.org
www.address.org
Janet Andrews
Logistics Department
Dear Ms. Andrews,
Greetings!
To begin, we would like to stress that in general we are satisfied with your performance in
fulfilling your duties in the workplace. However, in the interest of making workflow in the office
more efficient, we would like to offer to you the following advice.
We have noticed that when you are working, you place your pens and pencils too far to the right
of your desk, such that you have to move your chair whenever you have to get a writing
instrument. Perhaps you could save some time and work more efficiently by rearranging your
desk such that the things you need at hand will be easier to reach.
We hope that you understand that this letter does not represent a reprimand in any way, nor is it a
criticism of you, but is merely offered both for your benefit and that of the office.
Respectfully yours,
Randolph Stafford
Personnel Manager, Nelson and Sons








Dynamic businesses will revisit and review its objectives to foster continuous improvement, thus
greatly impacting efficiency of the employees jobs and clarity of job roles. These inner
workings are reflected in the companys policies and procedures, which serve as the backbone
of the organization, in order to maintain internal standards and quality.
Changes to policies are periodically made to achieve a positive impact on the workforce, and
more specifically, curb company expenses. Change, a constant factor in the business world, must
be communicated to those who are impacted by it. More often than not, this is communicated
through meetings or through a memo, and in this electronic age, this usually translates into e-
mail communication.
This short article lists general guidelines on how to communicate a change in policy to
employees. The same is the limitation on this article, in that this does not cover how to
communicate the change in policy to its external stakeholders.
Guideline #1: Minor changes in a company policy may be communicated in an e-mail, addressed
to those directly affected by the change. The information may be cascaded to the
downline/departments/teams through a regular meeting. A memorandum is the most common
means of communicating such information.
Guideline #2: Major changes to a company policy must be communicated to the majority of the
company through a widespread form of announcement such as an e-mail blast, a town hall
meeting or a general assembly. Again, a memorandum is the most common means of
communicating such information.
Guideline #3: Always state the section and the content of the policy being changed vis--vis the
modification or the modified version of the document. For this guideline, it will be helpful to
provide visual aids, such as a slide presentation or handouts.
Guideline #4: Allow ample time for the information to be spread prior to setting a date for
implementation.








Sample Memorandum (Minor Policy Change)
Please be informed that effective 1 July 2010, all vacation leaves and sick leaves must be filed
through the company intranet site.
Social responsibility is part of the mission vision of Company X, and this is one way to enjoin all
our employees in our promotion of a paperless environment, thus giving back to society.
All paper forms being previously used shall be collected by all Supervisors and Managers for
recycling and disposal.


















A change in company name equals to a change in identity. Like any major or minor change in
the company that directly or indirectly affects all its employees, this must be communicated
efficiently and immediately. A change in company name would definitely qualify under major
news, so the announcement must be widespread in order to ensure the awareness of all
employees. Communication vehicles such as meetings, printed materials, events, and
correspondence may be used for this purpose.
There are a few things that need to be considered in composing this particular business
announcement. First, always provide a brief summary of the cause of change of name. Second,
provide the effective date of the said change. Third, provide means of support should there be
any questions. Finally, reassure employees that a change as major as this will not affect their
employment negatively. The last thing we want is for our employees to start panicking over a
change in company name.
Below is a sample memorandum, which serves as the primary announcement for the change in
company name.
Sample Memorandum
To: All Employees
Fr: The Executive Director
Re: Company X Branding
Many of you have been involved in our most recent campaign to create a new, fresh, and modern
logo for our organization that reflects the direction that we are taking in the next 10 years. We
are looking forward to taking this giant leap with you as we venture forward into the future of
Company X!
As part of the new direction that the company is taking, we are also bidding farewell to our
previous company name, Company X. We have launched several successful and ground breaking
projects as Company X, but alongside our effort to move forward is to move away from our
traditional brand, and giving way to the modern and innovative products of Company Y!
Effective 01 July 2010, we shall transition to the name Company Y. You will be briefed by
Human Resources and your immediate superiors as to the department-level changes that need to
be immediately implemented.
Also, all employees are invited to join the launch of Company Y on at . Let us join hands and be
together as we move forward to our companys success!




SUBMISSION OF LIST OF NEEDED FACULTY
FOR FIRST SEMESTER, AY 2001-2002
May 12, 2001
To: Vice President of Academic Affairs (Abucay Campus)
Campus Directors
Associate Directors Academic Affairs
Dean of Various Institutes / Institute Coordinators
In preparation for the opening of the First Semester come on June 19, 2001, the undersigned is
requesting you to submit the list of needed instructors in your respective institutes on or before
June 03, 2001. Kindly specify the nature of the possible appointment (Full time/Part time) and
the subjects to be taught by each instructor.
For your information, guidance and compliance.
Rebecca H. Manansala
Vice-President
For: Mr. Rhey Santos
Subject: Progress Report on Lending Operations
In connection with the preparation of our annual report on loans, may we request for a copy of
the progress report on lending operations as of January 1985 to enable us to get certain data on
said report needed for our annual report.
Mr. Henry Tan
Director









pleadings

Definition
Formal statements served by each party to a lawsuit to one another, and containing their
respective positions (allegations, claims, defenses, denials). The pleading of the party initiating
the litigation process is called a complaint or petition, the defendant's pleading is called an
answer. Pleadings only contain facts material to the party's claim or defense, and not the means
of proving those facts. Their purpose is to define the issues, and narrow them down to the
essentials.

















Title:Long v. Rubin - White IRS Employee's Files Race Discr. Suit
From: wdoherty
Posted on: Thu Oct 02 16:39:34 1997

Abstract:
October 1, 1997 =======================================
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
JENNIFER J. LONG
Plaintiff
V.
ROBERT E. RUBIN, Secretary of
The Treasury, and
DEBORA KELLOUGH, An Individual,
Defendants.
CIVIL ACTION NO. H-97-3239
A Jury Is Requested
PLAINTIFF LONG'S ORIGINAL COMPLAINT
Jennifer J. Long, plaintiff, files this original complaint, stating claims for relief as
follows.
1.
Jurisdiction and Venue
1.1 This is an action arising under the laws of the United States of America, in
particular Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e-16,
and the Civil Rights Act of 1991, 42 U.S.C. 1981a.
1.2 The jurisdiction of this court is invoked pursuant to the provisions of Title VII, 42
U.S.C. 2000e-5 and 2000e-16(c), and the general civil rights jurisdictional
provisions of 28 U.S.C. 1343(a)(4).
1.3 Claims also are stated under the common law of the State of Texas against the
individual defendant.
1.4 The supplemental jurisdiction of this court is invoked pursuant to 28 U.S.C. 1367
over the State law claims which are so related to federal claims in the action that
they form part of the same case or controversy under Article III of the Constitution of
the United States of America.
2.
Nature of the Action and Relief Sought
2.1 This is an employment discrimination case by a federal employee alleging a
continuing series of discriminatory conduct against her because of her race and age
and because of her having complained about unlawful discrimination and participated
in formal proceedings to protest such unlawful discrimination.
2.2 This also is an action under the common law of the State of Texas for assault,
invasion of privacy, false light and intentional infliction of emotional distress.
2.3 Plaintiff seeks a declaration that the acts of the defendant agency intentionally
and unlawfully discriminated against her because of her race and age and in
retaliation for opposing such discrimination, appropriate injunctive relief, lost pay,
compensatory and punitive damages.
2.4 Plaintiff additionally, and independent of the claims against the government
agency, seeks appropriate injunctive relief and compensatory and punitive damages
against the individual defendant.
3.
The Parties
3.1 Jennifer J. Long, plaintiff, is an adult female citizen of the United States and the
State of Texas, who is more than 40 years of age, a resident of Houston, Texas, and at
all times material to this action and at the present time was and is an employee in
Houston, Texas, of the Internal Revenue Service of the United States Department of
the Treasury.
3.2 Robert E. Rubin, Secretary of the Treasury, is the head of the Department of the
Treasury, an agency of the United States of America. Service upon him may be had by
serving Gaynelle G. Jones, United States Attorney for the Southern District of Texas,
910 Travis Street - Suite 1500, Houston, Texas, by serving by certified United States
mail Janet Reno, Attorney General of the United States, 5111 Main Justice Building,
Tenth Street and Constitution Avenue, N.W., Washington, D.C. 20530, and by serving
Secretary Rubin by certified United States mail at Department of the Treasury, 3330
Main Treasury Building, 1500 Pennsylvania Avenue, N.W., Washington, D.C. 20220.
3.3 Debora Kellough is an African-American citizen of the United States, residing in
Houston, Texas, and at times material to this action and at the present time Manager
of Group 1603, Examination Division, Houston District Office, Internal Revenue
Service, and, as such, the immediate supervisor of Ms. Long, the plaintiff. Ms.
Kellough, who is sued herein in her individual capacity, may be served at her office,
Suite 1724, Leland Federal Building, 1919 Smith Street, Houston, Texas 77002.
4.
Facts
4.1 Defendant has maintained, acquiesced in the maintaining of, or failed to take
appropriate required action to eliminate a general and consistent pattern and
practice of racial discrimination by African-American managers and supervisors
against White employees in the Houston offices of the Internal Revenue Service.
4.2 Such pattern and practice has been consistently manifested for at least the two
years preceding the filing of plaintiff's administrative complaint by the following acts
and others:
4.2.1 White employees being subjected to unwarranted criticism and disparagement
of their work by African-American supervisors.
4.2.2 African-American supervisors subjecting White employees to harsh and
unreasonable performance standards not generally applied and not consistent with
applicable personnel practices and regulations.
4.2.3 White employees being subjected to threats and harassment at work by their
African-American supervisors.
4.2.4 Abuse of authority by African-American supervisors to subject White employees
to humiliation, embarrassment and invasion of their privacy.
4.2.5 African-American supervisors subjecting White employees to harsher discipline
than accorded African-American employees for the same or comparable alleged
misconduct.
4.2.6 Subjecting older White employees to pressure and coercion to abandon
employment with the agency.
4.3 Consistent with and pursuant to that general policy and practice, plaintiff was
discriminated against because of her race and age in the following respects, as
characterized by defendant in a letter dated July 2, 1997, responding to plaintiff's
administrative complaint of discrimination and retaliation:
4.3.1 On May 24, 1996, she was verbally harassed by her supervisor and told that a
Grade 11 Agent would be accompanying her on her next audit appointment.
4.3.2 On June 12, 1996, her supervisor notified her that she was giving her a rating of
"2" on a case review.
4.3.3 On June 17, 1996, her supervisor contacted her twice by telephone for
information to pass along to another Agent, that was never passed along.
4.3.4 On June 20, 1996, she was notified by her supervisor that her evaluation
narrative would be bad.
4.3.5 On June 26, 1996, she was out on sick leave and her supervisor "messed with"
her.
4.3.6 On July 18, 1996, her supervisor screamed at her and called her a lazy stupid
liar.
4.3.7 On August 9, 1996, plaintiff was refused union representation by her supervisor
during a meeting regarding her evaluation.
4.3.8 On August 29, 1996, her supervisor entered into a screaming match during a
workload review. The supervisor was keeping a secret Employee File on plaintiff and
refused to share it with her.
4.3.9 On August 30, 1996, plaintiff was denied union representation by the Assistant
District Director during a workload review meeting.
4.3.10 On October 16, 1996, her supervisor stated she would reaudit one of the
plaintiff's cases and prepare a review.
4.3.11 On October 22, 1996, her supervisor threatened to use a bargaining unit
reviewers' comments in the plaintiff's evaluation.
4.3.12 On October 23, 1996, plaintiff received "1's, 2's and a 3" on a review.
4.3.13 On October 24, 1996, her supervisor called her union representative and asked
him not to say anything bad about her to the Assistant Chief, Examination.
4.3.14 On October 31, 1996, her supervisor called four times regarding travel
vouchers.
4.3.15 On November 1, 1996, her supervisor harassed her while on sick leave, and
sent an inspector to her residence.
4.3.16 On December 18, 1996, plaintiff received a disciplinary action letter and was
removed from flexiplace.
4.3.17 On February 13, 1997, plaintiff received a letter of reprimand.
4.4 The above specified acts and others constituted a continuing pattern of conduct
which created an offensive and hostile working environment and interfered with the
plaintiff's ability to perform her assigned duties.
4.5 Plaintiff complained of the acts against her, but could obtain no relief.
4.6 Based on additional information and counsel obtained by the plaintiff, plaintiff
reasonably concluded in February, 1997, that the conduct constituted a continuing
violation of her rights to be free from discrimination in the terms and conditions of
her employment because of her race and age.
4.7 On or about February 11, 1997, plaintiff sought counseling from an agency-
designated equal employment opportunity counselor, in accordance with the
applicable regulations.
4.8 After the counselor was unable to resolve her concerns, plaintiff filed a formal
complaint of race and age discrimination and retaliation on or about April 4, 1997,
within the time provided by applicable law and regulations.
4.9 On or about July 2, 1997, defendant notified plaintiff that although one aspect of
her complaint had been accepted for further processing the defendant was dismissing
the complaint insofar as the conduct set forth above in paragraph 4.3 and the
subparagraphs following.
4.10 The dismissal of the complaint insofar as the conduct set forth above in
paragraph 4.3 and the subparagraphs following constituted the final agency
administrative action on that part of the plaintiff's complaint.
4.11 This suit is being brought within 90 days of the receipt by plaintiff of notice of
such final agency administrative action on that part of her formal complaint.
4.12 The continuing course of plaintiff's conduct as set forth in part in 4.3, above,
proximately has damaged plaintiff by increased inconvenience and expense in
performing her assigned duties, by depriving plaintiff of opportunities for professional
advancement and higher pay, by subjecting the plaintiff to humiliation and emotional
distress, by damaging plaintiff's personal reputation, by damaging plaintiff's
professional reputation, and by adversely affecting plaintiff's earning capacity.
4.13 Defendant has acted and continues to discriminate and retaliate against the
plaintiff because of plaintiff's race and age and plaintiff's opposition to such
discrimination and participation in the administrative process to end such
discrimination, with malicious intent and in reckless disregard of plaintiff's rights.
4.14 Plaintiff was required to obtain the services of the undersigned attorney and his
law firm to protect and vindicate the rights to equal employment opportunity secured
to plaintiff by law.
4.15 Within the two years immediately preceding the filing of this complaint, Debora
Kellough intentionally, maliciously and in reckless disregard of plaintiff's rights and
welfare:
4.15.1 Has attempted to provoke a physical confrontation and placed plaintiff in fear
of imminent physical danger.
4.15.2 Has subjected plaintiff to extreme emotional distress by conduct which was
unreasonable, unwarranted and outrageous, and in no way related to any
discretionary authority of Ms. Kellough's or to any purpose or objective of the Internal
Revenue Service.
4.15.3 Has without cause or justification invaded and caused to be invaded the
seclusion and solitude of plaintiff's residence by an unannounced and unwarranted
demand of access to plaintiff's residence by agency personnel.
4.15.4 Has caused plaintiff to be falsely considered as criminal, dishonest, lazy and
incompetent by general dissemination of allegations involving the plaintiff to
individuals who had no need or justification to know of the allegations, and with the
knowledge that the allegations were false.
4.16 The acts of Debora Kellough proximately have caused substantial loss, suffering,
humiliation, emotional distress and other damages to plaintiff in the past and in the
future.
4.17 Because the conduct of Ms. Kellough was accomplished with malicious intent and
in reckless disregard of plaintiff's rights, plaintiff should recover punitive damages
from Ms. Kellough.
5.
First Claim for Relief
Employment Discrimination
Civil Rights Acts of 1964 and 1991
5.1 Defendant has discriminated against plaintiff in the terms and conditions of
plaintiff's employment because of plaintiff's race and age, because plaintiff opposed
unlawful discrimination by defendant, and because plaintiff participated in the
administrative process of enforcing the prohibitions against employment
discrimination, all in violation of Title VII of the Civil Rights Act of 1964, as amended
by the Civil Rights Act of 1991.
6.
Second Claim for Relief
Texas Law - Assault
6.1 By intentional conduct placing plaintiff in fear of imminent physical harm, Ms.
Kellough assaulted plaintiff, for which Ms. Kellough is liable for damages under Texas
law, and plaintiff has no means of relief for such damages under federal law.
7.
Third Claim for Relief
Texas Law - Intentional Infliction of Emotional Distress
7.1 By intentional outrageous conduct with the intent to cause plaintiff extreme
emotional distress, which conduct did cause extreme emotional distress, to plaintiff's
substantial damage, Ms. Kellough tortiously intentionally inflicted emotional distress
on plaintiff, for which Ms. Kellough is liable for damages under Texas law, and
plaintiff has no means of relief for such damages under federal law.
8.
Fourth Claim for Relief
Texas Law - Invasion of Privacy
8.1 By demanding access to plaintiff's residence, without announcement or
justification, and with the specific intent to disturb, threaten and scare plaintiff and
invade the seclusion and solitude of plaintiff's residence, Ms. Kellough tortiously
invaded the privacy of plaintiff, for which Ms. Kellough is liable for damages under
Texas law, and plaintiff has no means of relief for such damages under federal law.
9.
Fifth Claim for Relief
Texas Law - False Light
9.1 By intentionally and recklessly disseminating or allowing to be disseminated
allegations about plaintiff to individuals with no reason to know of such statements,
and with the knowledge that the statements untruthfully suggested that plaintiff had
engaged in acts constituting criminal conduct, or that plaintiff is not an honest and
truthful person, or that plaintiff is lazy, or that plaintiff has demonstrated an inability
to adequately perform the duties of her position and is incompetent, Ms. Kellough
tortiously placed plaintiff in a false light, for which Ms. Kellough is liable in damages
under Texas law, and plaintiff has no means of relief for such damages under federal
law.
Prayer
Accordingly, plaintiff prays that defendants be cited to appear and answer in this
action, and that upon the evidence, finding of the jury and applicable law, the court
enter judgment:
1. Declaring that the defendant agency has maintained and maintains in the Houston
offices of the Internal Revenue Service a policy and practice of racial discrimination
by African-American managers and supervisors against White employees.
2. Directing the agency by appropriate injunctive orders to eliminate such policy and
practice.
3. Directing the agency to take specific corrective action for the discrimination and
retaliation of plaintiff in the past and protecting plaintiff from further acts of
discrimination and retaliation in the future.
4. Awarding plaintiff back pay, compensatory damages and punitive damages against
the agency.
5. Awarding plaintiff compensatory and punitive damages against Ms. Kellough.
6. Determining and awarding a reasonable attorney's fee and the costs and expenses
of this action to plaintiff and her counsel against the agency, and providing for
interim payment in the case of an appeal of the judgment by the agency.
7. Including prejudgment and postjudgment interest as provided by law.
8. All other relief to which plaintiff shows herself entitled at law or in equity.
Respectfully submitted,
______________________________
David T. Lopez
Texas Bar No. 12563000
Attorney-in-Charge for Plaintiff
3900 Montrose Boulevard
Houston, Texas 77006-4959
Telephone: 713-523-3900
Telecopier: 713-523-3908
Demand for Jury
Jennifer J. Long, plaintiff, exercises her right under the United States Constitution
and applicable statutes and rules and requests that all issues of fact in this action be
determined by a jury.
=======================================


















brief, in law, a document often in the form of a summary or abstract. The term is used primarily
in common-law countries, and its exact meaning varies across jurisdictions.
In the United States a brief is a written legal argument that is presented to a court to aid it in
reaching a conclusion on the legal issues involved in the case. It is invariably employed in
appellate courts and is of the utmost importance when no oral argument is made. A brief
frequently is used in trials when complex legal issues are involved. The usual procedure requires
that the party seeking the judicial remedy present its written argument to the court and send a
copy to his opponent. The opponent then files and serves an answering brief. Usually, the first
counsel will have an opportunity to file a reply brief. On unusual occasions the brief may include
extensive economic and sociological data. Such a brief became known as a Brandeis brief,
after the United States Supreme Court justice Louis Brandeis, who made effective use of it.
When a court permits an outsider to file a brief in a case to which he is not a party, it is generally
referred to as an amicus curiae (friend of the court) brief.
In England a brief is a document of instructions prepared by a solicitor for a barrister to follow in
court. Only the barrister may appear before the high court, but he can act on behalf of a litigant
only pursuant to instructions from a solicitor. In his brief the solicitor will report on the evidence
and proof available and include statements and interviews of witnesses or summaries thereof.


Cox v. Glenbrook Company pg. 400
Author: Lynn
Facts: Glenbrook sold land and gave the owner an easement appurtenant to the land. The owner
then sold to Cox who planned to divide the land into lots and make it a nice neighborhood. The
neighborhood would have access to the easement road but it was a dirt, one-way road. Cox
wanted to make this a two-way paved road but Glenbrook refused. Cox sued.
Procedure: Trial court determined that the easement was limited. Dominant estate (Cox)
appealed.
Issue: Whether or not an easement can be improved and widened.
Holding: The easement is limited in certain aspects.
Reasoning: The district court erred in not allowing developers to maintain or repair or improve
the road. However, they are not allowed to widen the road. The servient estate could barricade
the other road because it had a right to move roads according to the easement. The case would
have to be remanded to see if it would cause an unreasonable burden upon the servient estate
(Glenbrook) to allow the proposed way of uses.
Decision: Modified and remanded.











MOTION FOR POSTPONEMENT OF HEARING

COMES NOW Defendant through undersigned counsel unto this Honorable
Court respectfully states:

That the above entitled case is set for hearing on July 7, 1988;

That counsel for defendant is afflicted with influenza and is now under the
medical care of Dr. PTB. A copy of the physicians certificate under is hereto attached.

WHEREFORE, it is respectfully prayed that the hearing set on July 7, 1988 be
reset to another day preferably on the first week of August 1988 or at the convenience
of this Honorable Court.

Manila, Philippines, July 2, 1988.



Sgd. ALC
Counsel for defendant

(Notice of Hearing)

(Proof of Service and Explanation)

EX PARTE
Lat. 'By or for one party' or 'by one side.'
Refers to situations in which only one party (and not the adversary) appears before a judge. Such
meetings are often forbidden.
Although a judge is normally required to meet with all parties in a case and not with just one,
there are circumstances where this rule does not apply and the judge is allowed to meet with just
one side (ex parte) such as where a plaintiff requests an order (say to extend time for service of a
summons) or dismissal before the answer or appearance of the defendant(s).
In addition, sometimes judges will issue temporary orders ex parte (that is, based on one party's
request without hearing from the other side) when time is limited or it would do no apparent
good to hear the other side of the dispute. For example, if a wife claims domestic violence, a
court may immediately issue an ex parte order telling her husband to stay away. Once he's out of
the house, the court holds a hearing, where he can tell his side and the court can decide whether
the ex parte order should be made permanent.

NOTICE OF HEARING IN EX-PARTE AND NON-LITIGOUS MOTION


The Branch Clerk of court
RegionalTrial Court
National Capital Judicial Region
Branch______, Makati, Metro Manila

GREETINGS:

Considering the urgency and non-litigious nature of the above motion, please
submit the same forthwith upon receipt for the consideration and approval of the
Honorable Court.

_______________________
(Counsel for the Defendant)