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Factums - when are they considered "required" for motions?

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  • Factums - when are they considered "required" for motions?

    This is the wording I am looking at in the rules for my area.
    1. Factums are not generally required for short motions, but are permitted. Books of Authorities shall not be filed, rather the lawyer or party shall provide the judge with a list of the case names upon he or she is relying with hyperlinks.
    I don't want to look bad by informing a judge of case law they see as common sense.

    When is it appropriate to file a factum for a short motion?
    When must it be submitted?

    thank you.

  • #2
    Factums include a list of authorities and statutes used within, even though the judge would already know most of them. They're a lot of work and would be overkill for short motions regarding 1 issue. That's why they are usually ordered for long motions.

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    • #3
      Originally posted by StillPaying View Post
      Factums include a list of authorities and statutes used within, even though the judge would already know most of them. They're a lot of work and would be overkill for short motions regarding 1 issue. That's why they are usually ordered for long motions.
      In Ontario I recall Factums being required for long motions but also allowed for short motions.

      Clearly they have a purpose. Just because a motion is short does not exclude their use.
      By "required" with the quotes I mean when it is a good idea in a short motion.
      What would be an example of one being used in a short motion?
      Last edited by noteasy; 05-24-2023, 03:24 PM.

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