Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

Reply
 
LinkBack Thread Tools
  #1 (permalink)  
Old 01-09-2017, 03:22 PM
Member
 
Join Date: Aug 2016
Posts: 72
Aghast is on a distinguished road
Default Factum Help

Hello,

So I have gotten some good advice on writing Factums through searching these forums and the internet.

I also have an old factum which was written for me 5 yrs ago. The issues have changed but I tried to use it as a template.

It seemed to me that the Overview had a lot of facts in it. It has dates of marriage, kids birthdays, incomes. Is this normal?

Has anyone here written their own factum?

How was the Overview written? Were there any facts in it? Any dates of events that happened?

Thank you in advance
Reply With Quote
  #2 (permalink)  
Old 01-09-2017, 07:26 PM
Banned
 
Join Date: Feb 2016
Posts: 1,681
trinton has a little shameless behaviour in the past
Default

I've recently learned that legal aid lawyers have to give you 20 minutes free consultation regardless of your income. Wouldn't hurt to take advantage of that.

The law society also gives you free 30 minutes.

But Im sure people on this forum should have something to get you started.

I would be interested to know as well. Last time i had to write a Faktumi hired a lawyer. Hasn't been written so I would like to know what goes in a factum as well.

Sent from my SM-G935F using Tapatalk

Last edited by trinton; 01-09-2017 at 07:28 PM.
Reply With Quote
  #3 (permalink)  
Old 01-09-2017, 10:52 PM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,963
arabian will become famous soon enough
Default

Bless your heart Aghast. I know you are probably overwhelmed. I self-represented in one matter and, thankfully, I had 6 years worth of my lawyer's amazing notes/correspondence/motions/affidavits to guide me for the correct wording (I did win).

I looked up the word "factum"

Duhaime.org Law Dictionary and Legal Information › Legal Dictionary
Factum Definition: The written summary of a litigant's position to be taken and expounded upon in a judicial proceeding, including a concise summary of relevant facts and law and brief arguments with reference to authorities where applicable.

So. I'd start (for your own purposes right now) with an outline. Then fill it in.
It is very easy for us to get too wordy. I think this is because the matter at hand is so intensely personal. Try to visualize yourself in a judge's position.... you have 36 files in front of you that you have to get through that day....

Perhaps post your outline and get some people on here to critique it for a start?
Reply With Quote
  #4 (permalink)  
Old 01-09-2017, 11:17 PM
Banned
 
Join Date: Feb 2016
Posts: 1,681
trinton has a little shameless behaviour in the past
Default

Here is a sample appellant factum from university of toronto faculty of law.

https://www.google.ca/url?sa=t&sourc...7NaBlg3ykuG3lQ
Reply With Quote
  #5 (permalink)  
Old 01-10-2017, 01:27 AM
Member
 
Join Date: Aug 2016
Posts: 72
Aghast is on a distinguished road
Default

Thank you to both of you.

@arabian well I'm 10 pages into it. Since it's written in short numbered paragraphs, its easy to move things around. When I'm done I will try polishing it if I have time. I tried to keep the Overview to one page as I have read but there is too much. I got it down to 2 pages. It could be less, have to remember that I don't know what issues will be going forward, they may agree to most and only contest the issue of a termination date for ss. I will not budge on that though.

@trinton that is an interesting format. The format I looked at didn't have a statement of issues part. It just listed the issues and argued them as they came up. I may put that part in there. It leans toward the "point first" style of arguing.
Reply With Quote
  #6 (permalink)  
Old 01-10-2017, 09:04 AM
Tayken's Avatar
Senior Member
 
Join Date: May 2011
Posts: 6,569
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

http://www.ottawadivorce.com/forum/f...m-writing-868/

And this posting in the thread:

http://www.ottawadivorce.com/forum/f...68/#post109926
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Factum related questions odinn Divorce & Family Law 3 08-29-2014 02:38 PM
When to submit a Factum? psomething Divorce & Family Law 0 11-20-2013 03:33 PM
Factum and Motion mr.mom Divorce & Family Law 10 11-01-2012 04:44 PM
Factum Writing and exhibits maverick Divorce & Family Law 4 08-11-2012 02:25 PM
factum writing and exhibits maverick Divorce & Family Law 0 08-06-2012 01:21 PM


All times are GMT -4. The time now is 07:47 PM.