Some Factum Suggestions Factum drafting is a creative enterprise and an artistic endeavour. For this reason, there is no single formula for writing good facta. Different approaches work in different situations. This being said, good facta share common characteristics and adopt common approaches.
Rules of Civil Procedure Forms: Firm precedents, if any, and library resources for precedent material 2Determine the nature of the motion Determine the exact relief being sought. Identify the relevant rules of the Rules of Civil Procedure.
Determine whether the motion being made is on notice or without notice r. Note that if the court concludes that your motion should have been brought on notice but was not, it may a dismiss the motion or dismiss it only against the person who was not served, b adjourn the motion and direct that it be served, or c direct that any order made on the motion be served.
If you decide to move without notice, note and comply with the duty of full and fair disclosure r. If the motion is being made writing a respondent factumed notice, a motion record will be required and Steps 6 and 7 apply to the service and filing of the motion record, which includes the notice of motion.
Where required by a local practice direction, book an appointment for the hearing of the motion. Identify the purpose of the affidavit based on the applicable rule s governing the motion. Read relevant case law to develop a complete understanding of how the applicable rules have been interpreted by the courts.
Retain research materials for use in the factum where required or applicable and at oral argument. Interview the deponent to obtain an accurate version of the story and to identify any key documents.
Attach any relevant documents as exhibits r. Consider using defined terms, headings, subheadings and a table of contents to organize any long and complex affidavits.
Have the deponent review the affidavit to ensure that there are no errors or omissions. Make any necessary corrections and have another lawyer, a student-at-law, a law clerk, or your assistant proofread the affidavit and all of the motion materials.
Consider whether any persons who have not sworn affidavits should be examined under this rule. If so, issue and serve a summons to witness Form 34B on the necessary parties pursuant to r.
Note that a party may not serve any further affidavits or conduct any further examinations under r. Note that a party who cross-examines on an affidavit is liable for the partial indemnity costs of every adverse party on the motion in respect of that cross examination, regardless of the outcome of the proceeding, unless the court orders otherwise r.
If you order a copy of the transcript from the cross-examination, you are required to purchase and serve a copy of the transcript on every adverse party on the motion, free of charge r.
Consult the rules governing the motion to determine if a factum is required. Determine what the key issues are based on the relevant case law. Prepare a concise introduction to the case.
Summarize the important facts, ensuring that your characterization of the facts is well supported by the affidavit and transcript evidence on the motion. Identify the issues that will decide the case. Present your submissions clearly and concisely, outlining the relevant law on each issue followed by an analysis based on the facts of the case.
Come to a forceful conclusion, summarizing your key arguments. Defined terms, headings, subheadings and a table of contents may be useful in organizing long and complex facta. Prepare a corresponding case book containing the authorities cited in your argument.
You may wish to highlight particularly relevant portions of your cases for the assistance of the court. Note that facta and case books are bound separately r.
Service of the notice of motion must be made at least seven days before the date of the hearing r. Since motion materials are not originating processes, service by any method listed under r. Obtain proof of service in the form of an affidavit of service in Form 16B r. Proof of service must be filed with the notice of motion, motion record and where required or applicable factum.
File transcripts of evidence, where applicable. Pay the applicable filing fee.
Fax, email or deliver confirmation of the motion in Form 37B to the Registrar not later than 2 p. Send a copy of the confirmation of the motion to the other parties by fax or e-mail.Thank You Letter For A Speaker At Conference Thank you letter for a speaker at conference 8 Hours Thelonius Monk Circle zip writing function rules from tables worksheets a different beat.
FACTUM ASSIGNMENT Law Professor R. Graves Director, Writing Across the Curriculum. Slides respondents should disclose and discuss all relevant case law, even that • The appellants and respondents must prepare a factum, file it with their instructor and the LRW Director, and serve it.
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file at least 6 copies of the factum in the registry – 4 for use by the court, one copy for your own use, plus enough copies to serve on every appellant and respondent; and serve a filed copy of the factum on each appellant (and other respondents). Some Factum Suggestions.
Factum drafting is a creative enterprise and an artistic endeavour. For this reason, there is no single formula for writing good facta. Different approaches work in different situations. This being said, good facta share common characteristics and adopt common approaches.
In this note, I have tried to identify some. Respondent's Factum PART l STATEMENT OF FACTS 1. he Respondent does not accept the Appellants' Statement of Facts in that many of the important facts have not been set out, others are inaccurate whereas others are irrelevant and many of the purported facts are an intermingling of legal and non-legal arguments.