A Request for Order allows a party to seek temporary or postjudgment family-law relief. A separate legal memorandum is not ordinarily required for routine temporary orders, but it may be useful—or required by the court—when the request involves an unusual remedy or a complicated legal issue.

Routine Requests May Not Require a Separate Memorandum

Common requests involving temporary support, custody, visitation, or attorney fees can often be presented through the required moving papers, declarations, and supporting financial information. The court may not need a separate written discussion of familiar legal principles.

That does not reduce the importance of a complete factual presentation. The requesting party still must identify the relief sought and provide admissible facts supporting it.

Unusual Relief May Require More Legal Explanation

A memorandum should be considered when a party requests relief that is not part of the usual temporary-order categories. Examples include asking for the sale of property while the case is pending or requesting appointment of a receiver.

These requests may raise questions about the court’s authority, the required findings, and the scope of an appropriate order. A focused memorandum can explain why the requested remedy is legally available and how it applies to the evidence.

Declarations and Memoranda Serve Different Purposes

A declaration presents the facts within the witness’s personal knowledge. A legal memorandum explains the legal basis for the requested result. One ordinarily should not be used as a substitute for the other.

For example, legal argument cannot replace evidence showing the condition of property, the parties’ financial circumstances, or the events creating the need for immediate relief. Likewise, a detailed factual declaration may not adequately explain the authority for an uncommon order.

The Court’s Directions Remain Controlling

A court may require additional briefing even when a memorandum would not normally accompany the request. Local practices, scheduling orders, and instructions issued for a particular hearing should be followed.

Parties should also avoid submitting unnecessary or unfocused argument. A memorandum is most useful when it identifies the disputed legal issue, applies the governing rule to the material facts, and states the requested order precisely.

A California family-law attorney can determine whether a legal memorandum is appropriate, organize the supporting evidence, and present an unusual request without burdening the court with irrelevant argument.