My son and I are working on his 2255 Motion. We are doing okay with this but...we also want to write a Memorandum in support of. I have searched the internet to find a general outline. He will have no legal representation with this because most want at least $7000 to review case. Much more to write Memorandum. I need a format such as title page, etc. Do we need to include transcripts and stuff since it will be in the original court?

Any and all help will be deeply appreciated!
Thanks,
Brenda :( :confused:

http://www.are.uscourts.gov/pdfforms/Motion_to_Vacate.pdf
This (requires acrobat reader) is the form version of the original motion. --it seems.--

Since I don't know what he intends to do with the motion.. Whether it is indeed to Vacate (with cause), or Set Aside,. or 'Correct' sentence,-- I don't know what the purpose of the 'Memorandum' would contain. Some motions have an appendix Memorandum of Law,.. others have Memorandum in Support, which is considerably more fleshed out point for point with specifics on the grounds (individual) found in the short statements of 'grounds' in the motion itself...

It seems from the form, that no case citations are welcome in the expository part following the grounds.

If the purpose of the motion warrants some reference to a procedural error or omission, or contention which is evidenced in the docket sheet or some giving filing that you have handy. Generally you'd be relying upon some documents from the casefile to establish your claim. If one paper or another contains an entry or fact entered into the Record which you need to point to as proof of your claim, by all means attach a copy of the document.

You'd want any motion to have all essential moving parts. It's an easy read for those who review it, and it won't get the thing cast aside or dispatched to some person who may never manage to break open the casefile and fetch the missing parts for you and the judge.

I googled "2255 motion federal" and found all sorts of related stuff on it. If you have an idea what you are needing in a memorandum, there would be a variety of formats to adopt...

Could you clear that up?

Thanks for the help. I have the 2255 form. We are busy adding grounds to it. We are also busy writing a Motion in Support of the 2255. We are wanting to present case law etc. to emphasize each Ground. I need to know if there is a special form or do we just begin
A. Ground one and present argument and facts of law
B. Ground 2, etc. And a conclusion. Does it need a cover sheet?

Table of Contents? Interested Parties, etc. I think it is suppose to be limited to ten pages. Do we have to include transcripts since this will be in the court of trial? Won't they have access to these or should we attach?

Brenda

I am sorry...to vacate conviction. I will try keying in the way you did and see if I come up with something. Thanks again.
Brenda

http://www.mdd.uscourts.gov/WebDataPages1/forms/2255.pdf

This is the Pro Se handbook for the filing.
Memorandums no more than 50 pages, it says.
Also says that if the document is in the file you need not sweat locating a copy,.. you do have to name the document, or filing though.

I wouldn't sweat the caselaw.. Unless you are big on Shepardizing.... or have a pal with Westlaw, you can do yourself some harm citing old caselaw --that which has been subsequently contradicted by a newer decision in another similar case.

Your utmost concern in the filing is to cover all the 'grounds' you have a right to. Omission seems as good as a waiver to claim it in any subsequent filing.

Memorandum In Support... (centered, uppercase, underlined will do nicely for a heading.

As the pro se guide mentions, flesh out the arguments...
Refer to any supporting document --if you have them, again,-- appendix A-to-whatever.. You'll still be under 50.

Again, since the grounds are known only to you,... you'll have to figure out if you've precisely noted them in the first section, and have fleshed them out well in the memorandum (in same order) and have attached enough of whatever pertains to the thing before you get happy filing it.

Are you filing In forma pauperis? You'll have to do some documenting along with the form for that...

Depending on what the claim is, make sure that in the depths of the 'ground' portion you cite (absolutely) the Constitutional violation by #.....
..." x, y, and z happened, in violation of petitioners 5th and 14th amentment rights.."

Again, it's hard to be clear because I have no idea if you're attacking the service of the sentence on the basis of something that happened by trial or plea, or counsel, or error, or if there was a direct appeal that failed, or if this is the shot you have....
Hopefully you'll have found some references to the topics contained in your grounds...

YOU are a fantastic help!!! :D

Brenda

I will let you know how we are progressing.