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

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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 it’s 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 Department’s Participation at FIABCI World Congress

DATE : 18 June 2010TO : Mr. Lim Meng WeeFROM : Mr. Victor WongSUBJECT : 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 don’t 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 SonsWashington, D.C.email@server.orgwww.address.org

Janet AndrewsLogistics 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 StaffordPersonnel Manager, Nelson and Sons

Dynamic businesses will revisit and review its objectives to foster continuous improvement, thus greatly impacting efficiency of the employee’s jobs and clarity of job roles. These inner workings are reflected in the company’s 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-à-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 EmployeesFr: The Executive DirectorRe: 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 company’s success!

SUBMISSION OF LIST OF NEEDED FACULTYFOR FIRST SEMESTER, AY 2001-2002

May 12, 2001

To:  Vice President of Academic Affairs (Abucay Campus)Campus DirectorsAssociate Directors Academic AffairsDean 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. ManansalaVice-President

For: Mr. Rhey SantosSubject: 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 TanDirector

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. SuitFrom: wdohertyPosted 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. õ 2000e-16, and the Civil Rights Act of 1991, 42 U.S.C. õ 1981a.

1.2 The jurisdiction of this court is invoked pursuant to the provisions of Title VII, 42 U.S.C. õõ 2000e-5 and 2000e-16(c), and the general civil rights jurisdictional provisions of 28 U.S.C. õ 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. õ 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 ô 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. 400Author: 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 physician’s 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)