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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 10-22-2009, 12:55 PM
thistoshallpass thistoshallpass is offline
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Default Factum

Any one know the difference between a factum and an affidavit?. What if any would be the benefits in using a factum
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Old 10-22-2009, 08:13 PM
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I think an factum is a summary of the case law on the particular argument being made, whereas an affidavit is a sworn statement by one of the parties regarding the issue and the circumstances surrounding it.

Unfortunately, in family law, affidavits are quite often filled with lies, and they are tolerated virtually without consequence.
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Old 02-01-2013, 03:04 PM
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We had a motion for support this week and the judge put it off to a long motion in 2 weeks. He also asked us to prepare and file a Factum.

I'm a little confused as to the difference between my affidavit and a factum. From what I gather, it is all the same information in both, but just organized differently?! Do I have to file/serve if differently as well?

Factum:
Overview - The parties, the issues, what you want
Statement of Facts - brief discription of the facts
Statement of Points in Issue - List of issues that the motion is about
Arguments - More detailed explaination of all the issues
Orders Sought - What you're asking for
List of Authorities and Statutes - (legislation, jurisprudence)?? Not sure what goes here...
Appendices - (would this be your exhibits?)
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Old 02-01-2013, 07:06 PM
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Ideally you should start a new thread rather than pull up one several years old, but let's carry on...

Here is the Forum Thread on Factums

You will find answers to all of your questions. I have copied any good advice or links from other threads about factums to that thread.

Read each post, especially look at the link to the Wilson Moot. This is a "Factum Writing Olympics." It has sample factums, and obviously you should look at the winning factum as the best example, but all of them will be good to look at. Read, Read, Read. All of your questions will be answered.
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