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

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Old 09-29-2015, 08:18 AM
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Default How to write a factum

Hi All. I'm sure this question has probably been asked before but the search function on this site is pretty horrible.

Can anyone point me to some information on how to write a factum? I'm preparing for my motion and will need to write one.

Thanks!!
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Old 09-30-2015, 01:30 PM
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This is taken from civil rules of procedure 61.03.1 (4) But is generally the same for any factum.

Moving Party’s Motion Record, Factum and Transcripts:

(4) The moving party shall serve a motion record and transcripts of evidence, if any, as provided in subrule 61.03 (2), and a factum consisting of the following elements:

1. Part I, containing a statement identifying the moving party and the court from which it is proposed to appeal, and stating the result in that court.

2. Part II, containing a concise summary of the facts relevant to the issues on the proposed appeal, with such reference to the evidence by page and line as is necessary.

3. Part III, containing the specific questions that it is proposed the court should answer if leave to appeal is granted.

4. Part IV, containing a statement of each issue raised, immediately followed by a concise statement of the law and authorities relating to that issue.

5. Schedule A, containing a list of the authorities referred to.

6. Schedule B, containing the text of all relevant provisions of statutes, regulations and bylaws.
O. Reg. 61/96, s. 6; O. Reg. 333/96, s. 2 (2).

(5) Parts I to IV shall be arranged in paragraphs numbered consecutively throughout the factum. O. Reg. 61/96, s. 6.
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