What is a Statement of Facts?
A Statement of Facts explains the relevant facts at issue in an administrative review or legal case. Typically, it is a narrative of events brought about by a particular action of a government agency, such as a Notice of Intent to Suspend or Revoke a License, or Notice of Contemplated Agency Action issued by a State department. It sets the scene for the dispute and can make or break a case.
In an administrative hearing, it may be used in conjunction with a Party’s prehearing order as a statement of the facts that are not seriously in dispute between the parties. It is also often used as a part of , or in lieu of, a Statement of Jurisdiction. In a legal case, a Statement of Facts will set out the facts necessary to establish the legal requirements of a particular cause of action or some other legal issue. A Statement of Facts can often be the difference between winning a motion for summary judgment or trial and losing because it provides the precise facts necessary to support an argument, whether factual or legal. Without it, cases can easily be lost on the assumption that particular facts are part of the record.
Essential Elements of a Statement of Facts
A statement of facts is the most basic of briefs. It is a simple chronological account of the facts of the case without the analysis that a brief requires. The purpose is to present an accurate rendition of the facts for the appellate decision maker to understand the case. While the statement should be neutral and factual, it can also be persuasive. A good statement of facts could be referred to as the "sine qua non" of any brief, since its very purpose is to limit the issues before the reviewing court and to make certain that the controlling facts are in front of the appellate decision maker, so that the horribles which may have been stated by the appellant can be avoided. If a reviewing court has to look elsewhere for controlling facts then its job is made more difficult and this involves greater risk that the reviewing court may either miss controlling facts or worse, misread the record and thereby decide the case on an incomplete or possibly incorrect version of the facts. This is particularly true in the case of a review of a jury verdict, since in that case the scope of the review is by no means de novo and there is a strong presumption that the jury verdict is correct. If the reviewing court is compelled to look outside of the brief and appendix, and must reconstruct the facts from the record, there is an increased risk that the original verdict will be affirmed even if there were controlling errors. The statement of facts should be set forth in a clear and concise fashion and the purpose is to do just that. While it is not necessary for the statement of facts to be in reverse chronological order, as is required by some appellate courts for the argument section of the brief, it should still be in chronological order and it should only include facts which are truly relevant to the issues on appeal. It is the responsibility of the party appealing to present a cogent and clear picture of exactly what took place below, so that the reviewing court can quickly and easily obtain the facts and rules on the merits of the appeal. Any ambiguity in the statement of facts is a recipe for disaster and could well result in the appellate court simply ruling against the party that drafted the statement of facts. The party appealing to a higher court must be mindful of the fact that the burden of demonstrating error is on the appealing party. The appellate decision maker is entitled to a cogent and coherent presentation of the facts upon which appellant relies. The statement of facts will typically include the following: The statement of fact should also include citations to the appendix of the brief. Such citation should identify the entire page in the appendix where the information can be found and if there are multiple citations, then as with the text of the brief, the citations should be in chronological order, as opposed to "to wit". . . .
How to Craft an Effective Template
In most cases, templates used for statements of facts will have a similar hierarchy. Generally, the statement of facts is going to be broken down by
Date = Activity/Action.
Date = Activity/Action.
The third and fourth level down should be more detailed breakdowns of the activity, including sub-points and follow-ups. This is where you can get into great detail on specific date(s).
Here is a breakdown of how you can implement this hierarchy into your Microsoft word template. This is the order that most judges seem to use in many of the courts I practice in and shall suffice for the purpose of this post.
As you can see here, we use a tab bar that is easily accessible by using "Ctrl + Tab" or the "Shift + Tab" keys to increase/decrease the indent.
To add a tab, you right click in the "ruler" area and select tab size, tab stop position, and the desired alignment and then remove the default tab that appears.
The order in which the Ruler tab stops appear are:
To easily move from one tab to the next, while typing, hold the "Ctrl + Tab" keys together to skip to the next tab, or, IF you are too far into the position it will automatically show the next tab position to the right and increase the indent without Space. Using "Shift + Tab", will move one tab back to the left without indenting or creating space.
After you have broken down your activities into the above-named hierarchy, you have your complete statement of facts.
Common Pitfalls to Avoid
Despite the importance of the statement of facts, inexperienced appellate practitioners and parties often do a poor job drafting the statement of facts. Some of the most common mistakes to avoid include:
- Failing to include controlling facts that the appellate courts have held are material to the issue on appeal.
- Including unnecessary or superfluous facts.
- Including "denials" or "objections" notwithstanding that responding parties are not permitted under the rules to raise denials or objections in their statements of facts.
- Failing to use record references or citations when required or as may be necessary to support the assertion or statement of fact.
- Including argument or commentary in the statement of facts portion of the brief.
- Using argumentative or loaded language in asserting the facts.
- Including facts that are not supported by any reference to the record.
- Including facts that are not relevant to the sole or main issue on appeal.
- Including a "speaking" statement of facts.
- Failing to "spear" the statement of facts.
Advantages of Using a Statement of Facts Template
A pre-designed Statement of Facts Template is a versatile tool that helps legal professionals create a well-organised and clear Statement of Facts. It provides a structured format that eliminates the uncertainty about what elements to include in the document. By guiding the users through the necessary components, such templates can save time that would otherwise be spent formatting and organising the content from scratch.
Increased efficiency is not the only benefit of using a Statement of Facts Template. Such templates also ensure consistency. Consistency is especially important in legal documents, where small nuances can alter the interpretation or even the legality of the contents. A Statement of Facts Template ensures that all information is presented consistently in the document, regardless of who is drafting it . With every document adhering to the same template, it will be easier for the court to read, understand and compare the Statements of Facts submitted by the parties.
The benefits of saving time and creating a uniform document extend beyond the lawyers. Legal professionals must keep the client informed on all aspects of the case, including the contents of the Statements of Facts. With a Statement of Facts Template, you can easily revise the document and get it signed off by your client faster than if you drafted a new document each time from scratch. An efficient process for drafting a Statement of Facts goes a long way in fostering good relations with your clients and ensuring their satisfaction with your services.
Tailoring Your Template to Specific Cases
While most of your cases will not warrant a statement of facts that goes beyond those basic requirements, from time to time you should go beyond the bare bones and give the court some context for your argument. To do that, you need to be able to customize your template.
Here are some examples of how you might adapt your generic statement of facts to suit your case: A longer, more detailed statement of facts is often helpful in complex legal matters, such as divorce with children, complicated contracts or business disputes, or whip-smart state and federal criminal charges. In these types of cases, you can use your statement of facts as a mini-brief to educate the judges who will be listening at oral argument—potentially including members of the Supreme Court or Court of Appeals—in preparation for the argument. Cases involving adults who may be competent but not incapacitated can also benefit from a more detailed statement of facts; in these cases, you will need to present extensive, objective evidence showing their incapacity, and this will require a fuller statement of facts. In non-final family law cases, your objection to the magistrate’s order will likely be the first time the reviewing judge will see the facts of your case. This means the statement of facts is essentially a mini-brief intended to educate the reviewing judge about the legal issues you will be presenting at the hearing. A short statement of facts in this situation will be helpful to the reviewing judge; there is no need to include every detail, but do provide sufficient information to allow the reviewing judge to determine how he or she feels about your interpretation of the facts. If you lose on a non-final basis, you’ve set up your case for appeal by giving the judge a preview of the facts.
Where to Find Reliable Templates
When it comes to finding a trusted and reliable statement of facts template, there are numerous resources at your disposal. These range from online databases and professional networks to legal software platforms that can streamline your document preparation process.
A great starting point is the State Bar Association website for your particular jurisdiction. Many of these websites house an array of resources and tools for attorneys, including templates for various legal documents. You can typically find a basic statement of facts template in the litigation or civil procedure section of these websites.
Next, consider using legal software programs such as Clio , Rocket Lawyer or MyCase. These programs often come with a library of customizable templates tailored to fit your state’s procedures and requirements. Some of these programs even come with built-in automation features that will save you a significant amount of time.
Finally, don’t underestimate the usefulness of professional networks. Online forums and discussion groups such as LexForum and CLEConnected often have members who are willing to share their documents and templates in order to help other professionals who are in the same field. Additionally, local bar association groups may host meetings and events where members can exchange valuable resources, including templates for legal documents.