How to Prepare a Trial Factum

Trial factums and briefs of authorities are a great way to show you’re prepared and equip the trial Judge with law you intend to rely on.  It can foreshadow where you’re going in you examinations.  While this may tip opposing counsel off on where you intend to go, they likely know already.

You can include case law for preliminary motions, anticipated objections, closing argument and any other issues that are contentious.  You can have multiple trial factums on these issues.

Unlike motions, where the evidence is locked in by affidavits and cross-examination transcripts, trial evidence is constantly evolving.  This may mean there is a need for a general trial factum before the evidence is complete and an updated trial factum once the evidence is complete or near complete (depending on time available).

One option is to include a factum and brief of authorities together, where you may have to anticipate some of the evidence.

Click here for a precedent Trial Factum and Brief of Authorities

Or you can hold off on locking in facts and provide a Trial Brief of Authorities at the outset and a Trial Factum around the time of closing arguments.

Click here for a precedent Trial Brief of Authorities

Click here for a precedent Trial Factum

This article is courtesy of the Ontario Civil Trial Manual

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This manual is trial information, not trial legal advice.

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