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Book of Authorities, factums and affadavits

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  • Book of Authorities, factums and affadavits

    Hello all...looking for some much needed advice and assistance. I have a long motion booked to decide ALL of the substantive issues in my case. Opposing counsel has pushed for this instead of trial. I am self represented and the motion is booked for a full day. Needless to say...i am wanting to be as smart and prepared about this as possible as the final order will be binding. Do I need a Book of Authorities for a long motion? And if so, what is this?? and how do I compile it? I am also confused as to where I place reference to the case law, family law act ect. Is this in my Factum? I have read the stickies on factum writing but am still unsure on how this differs from my affadavit. Is the affadavit merely my story? Do i place my affadavit under headings? Which piece is more important...affadavit or factum? Is one a slight repetition of the other? Sorry for the many questions. It will be a short miracle if I pull this off...but i appreciate all who can help to make my learning curve less steep.

  • #2
    Originally posted by annapurna66 View Post
    Do I need a Book of Authorities for a long motion?
    Necessary is hard to say... depends on what the order says. I would recommend you assemble a solid BoA if the matter is being determined "FINAL" on a long motion.

    The only way a FINAL order can be made is generally at trial unless you consented to the results of the long motion to be "FINAL" or some other really rare circumstance.

    Originally posted by annapurna66 View Post
    And if so, what is this?? and how do I compile it?
    I encourage you to retain a lawyer if you are asking these questions. You will effectively be slaughtered by opposing party if they have a lawyer representing them.

    Originally posted by annapurna66 View Post
    I am also confused as to where I place reference to the case law, family law act ect. Is this in my Factum?
    Honestly, I beg you to hire a lawyer. What you are about to engage in is a very serious and FINAL order. It will have long-lasting impact on you, your life and any children which may be involved.

    Originally posted by annapurna66 View Post
    I have read the stickies on factum writing but am still unsure on how this differs from my affadavit. Is the affadavit merely my story? Do i place my affadavit under headings? Which piece is more important...affadavit or factum? Is one a slight repetition of the other? Sorry for the many questions. It will be a short miracle if I pull this off...but i appreciate all who can help to make my learning curve less steep.
    I highly recommend you retain counsel as soon as possible. The learning curve is about 150 hours of self study for most unrepresented litigants (20 full time days at 7.5 hours). If you don't have 20 days to learn all this between now and the long motion hearing... I implore you to seek out a lawyer and fast!

    Good Luck!
    Tayken

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    • #3
      hire a lawyer. What you are about to engage in is a very serious and FINAL order. It will have long-lasting impact on you, your life and any children which may be involved.
      This may be the best advice available.

      It will be a short miracle if I pull this off
      If finances prevent you from retaining counsel, you may wish to have an hour consultation to set out a checklist of what you should be doing, what goes in each document and to see if the positions you are taking will be viewed as reasonable.

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      • #4
        Okay...thanks. Will get a consult from a lawyer...as you have both sufficiently scared the living daylights out of me. Can not afford to hire a lawyer for the motion as I was quoted over $15,000....and have already depleted my finances with legal bills to get where I am today (which apparently is in a poor situation). I am willing to put the hours in to get informed but information is scarce and difficult to come by. Not that many lawyers wish to do unbundled services. The motion, as I understand, will be a FINAL order...although I was not consulted on this. Thanks for the responses.

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        • #5
          how did this turn out for you ?

          Comment

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