How to Prepare a Statement of Facts (US)

Note: Want to skip the guide and go straight to the free templates? No problem - scroll to the bottom.
Also note: This is not legal advice.

Introduction

When it comes to legal proceedings, the statement of facts is arguably one of the most important documents in play. It serves as the essential foundation for any arguments that are presented in court or elsewhere, and if it’s incomplete or inaccurate, it can severely impact the validity of those arguments. That’s why accuracy and completeness are key factors to consider when preparing a statement of facts, something which The Genie AI team understands all too well. To help you craft your own professional-standard statement of facts without having to pay a lawyer, we’ve put together this step-by-step guide – read on below for more information.

The statement of facts must be concise but comprehensive - outlining all relevant details that both support and challenge any claims being made - whilst also taking into account applicable laws and regulations in one’s jurisdiction. As such, it’s critical that lawyers take their time composing this document as an error can lead to confusion amongst judges or juries, delaying proceedings altogether. Additionally, for parties involved in a case, the statement of facts is an opportunity for them to present their case clearly; without one they may not be able to do so effectively resulting in an unfavorable outcome.

So how do you properly prepare a statement of facts? Well firstly it’s important that you stay up-to-date with current affairs related to your case; make sure all factual information is accurate and up-to-date before including it within your document as incorrect data could eventually undermine your client’s position or defense strategy completely. Secondly familiarize yourself with applicable laws and regulations that could come into play during proceedings; include these details where necessary so as not to leave out any potentially crucial details. Lastly ensure clarity throughout by sticking with short sentences which provide clear yet concise explanations about what occurred leading up to the present legal situation – making sure not too reveal too little nor too much information either way!

At Genie AI we know from experience just how difficult crafting one’s own professionally standardised yet personalised statement of facts can be without incurring costly legal fees – which is why we’re offering our services completely free! Our open source library consists millions upon millions data points teaching our AI what market standards look like allowing anyone access high quality templates they can then fully customise themselves today! So why wait? Get access now via our website at genieai.com!

Definitions (feel free to skip)

Applicable Laws and Regulations: Laws and regulations that are relevant to a legal case.

Relevant Parties: Individuals who are involved in a legal case.

Legal Issues: Questions or disputes in a legal case that must be resolved.

Formatting Conventions: Guidelines that should be followed when formatting a document.

Objections: Disagreements or challenges to a statement or claim.

Contents

• Understanding the Purpose of a Statement of Facts
• Gathering All Necessary Information
• Researching applicable laws and regulations
• Locating relevant documents and records
• Interviewing witnesses
• Organizing the Information
• Analyzing and sorting data
• Identifying relevant facts and details
• Summarizing important information
• Identifying the Relevant Parties and Issues
• Determining who is involved in the case
• Listing the important issues to address
• Drafting the Statement of Facts
• Writing the introduction
• Describing the relevant facts
• Outlining the applicable law
• Explaining the applicable issues
• Concluding with key takeaways
• Formatting the Statement of Facts
• Identifying formatting conventions
• Applying formatting correctly
• Setting appropriate margins
• Inserting page numbers
• Reviewing the Statement of Facts
• Checking for accuracy
• Verifying that all relevant information is included
• Ensuring that any applicable laws are correctly identified
• Submitting the Statement of Facts
• Double-checking the document
• Filing the statement with the appropriate court
• Notifying all relevant parties
• Following Up On the Statement of Facts
• Reviewing responses
• Addressing any objections
• Making any necessary changes
• Maintaining Records of the Statement of Facts
• Storing the document securely
• Keeping copies of the final version
• Updating records of the submission

Get started

Understanding the Purpose of a Statement of Facts

• Understand the purpose of a statement of facts: to provide a clear and concise description of the events that have occurred in a dispute
• Learn the key elements that should be included in a statement of facts: date of the event, parties involved, facts related to the event, and the legal issue that has arisen
• Make sure your statement of facts is accurate, comprehensive, and easy to understand
• When you have a good understanding of the purpose of a statement of facts, you can move on to gathering all necessary information for the statement of facts.

Gathering All Necessary Information

• Gather all relevant documents, such as contracts, court orders, pleadings, and other relevant evidence
• Interview all involved parties and witnesses to gain a full understanding of the facts
• Take detailed notes during interviews
• Collect any additional evidence that may be necessary
• Once all necessary information has been gathered, you can move on to the next step: researching applicable laws and regulations.

Researching applicable laws and regulations

• Review all relevant state and/or federal statutes and regulations
• Check if there are any local rules, court decisions, and/or published articles that are applicable to the case
• Identify all sources of authority that could affect the outcome of the case
• Make sure to note all citations for reference
• Once you’ve identified all the appropriate laws and regulations, you can move on to the next step.

Locating relevant documents and records

• Identify which documents and records are relevant to the case.
• Obtain copies of the documents and records from the sources.
• Check to make sure the documents and records are up-to-date and accurate.
• Ensure that you have the necessary documents and records to support your case.

You will know when you can check this off your list and move on to the next step when you have obtained all the relevant documents and records and verified that they are accurate and up-to-date.

Interviewing witnesses

• Schedule interviews with witnesses who have knowledge of the facts related to the case
• Prepare questions in advance and have them approved by your client
• Take detailed and organized notes during the interviews
• Ensure that all statements are recorded accurately
• Ask follow-up questions if needed to clarify any points
• Obtain written statements from the witnesses if possible
• You will know you have completed this step when all of the relevant witnesses have been interviewed and their statements have been collected.

Organizing the Information

• Gather all information and documents related to the case
• Sort through the information and documents to create a timeline of events
• Identify any inconsistencies or contradictions in the evidence
• Record all evidence and facts in a comprehensive list
• You will know that you have completed this step when you have a comprehensive list of all evidence and facts.

Analyzing and sorting data

• Sort the collected information into relevant categories
• Identify any inconsistencies or discrepancies between the information
• Analyze the data to determine what facts are relevant to the statement
• Make a list of the facts that have been identified
• Double-check that the facts are accurate and true
• When all of the facts have been analyzed and sorted, you can move on to the next step!

Identifying relevant facts and details

• Read through the facts and data you’ve collected and identify those that are relevant to your case
• Consider which facts will help support your argument, and which facts may be damaging to your case
• Expand on any facts that may need clarification or further explanation
• When you have identified all relevant facts, you can move on to the next step of analyzing and sorting the data.

Summarizing important information

• Read through the facts and details you have identified and make sure you understand the context of the case
• Create a list of the most important facts, organizing them into categories that are relevant to the case
• Include dates, times, names, places, and other important details
• Summarize each fact or detail as concisely as possible
• Double-check that the facts are accurate and complete
• When you are satisfied with the summary, you can move on to the next step in the process of creating a statement of facts

Identifying the Relevant Parties and Issues

• Identify who the relevant parties are to the case - plaintiffs, defendants, and any other parties involved.
• Identify the issues at stake in the case – what topics or questions need to be addressed?
• Make sure to consider all of the parties and issues as they will be important when compiling facts.
• When you’ve identified all of the relevant parties and issues, you can move on to summarizing important information.

Determining who is involved in the case

• Identify the parties involved in the case. This includes both plaintiff(s) and defendant(s).
• Make sure to include all parties who have a stake in the outcome of the case.
• Make sure to include all relevant facts about each party, including their address, contact information, and other pertinent information.
• Once you have identified all parties involved in the case, you can move on to the next step.

Listing the important issues to address

• Identify the key facts of the case
• Analyze the facts and determine which ones are the most relevant to your legal issue
• Determine what legal arguments can be made from the facts
• Make a list of the facts that are most important to your legal issue
• When you have a clear understanding of the facts relevant to the legal issue, you can move on to drafting the statement of facts.

Drafting the Statement of Facts

• Gather relevant facts from the parties involved
• Analyze the facts and classify them according to the issues raised
• Draft a statement of facts that includes the relevant facts and avoids any argument or opinion
• Include any legal terms or definitions that are necessary to explain the facts
• Make sure the statement is clear, concise, and easy to read
• When you have finished drafting the statement of facts, review it for accuracy and consistency
• Once you have reviewed and checked for accuracy, you can move on to the next step: Writing the introduction.

Writing the introduction

• Outline the purpose of the statement of facts
• Explain the jurisdiction in which the statement of facts applies
• Introduce the parties involved
• When you have written a clear and concise introduction to the statement of facts, you can move on to the next step.

Describing the relevant facts

• Make sure you have gathered all the facts relevant to the case, including dates, names of parties and witnesses, and any other evidence
• Determine the facts that are relevant to the legal issue you are addressing, as well as any other facts that might be helpful or necessary to the case
• List the facts in chronological order and in the order of importance
• Make sure that all of the facts are verifiable and can be proven with credible evidence
• When finished, review your facts to make sure they are accurate and complete
• When you have listed all of the relevant facts, you can move on to outlining the applicable law.

Outlining the applicable law

• Research the relevant laws and statutes that apply to the legal dispute
• Familiarize yourself with the relevant legal standards applicable to the dispute
• Identify any key legal principles that will be used to analyze the facts
• Outline the legal arguments and theories that apply to the dispute
• List the relevant authorities that support the legal arguments and theories
• When you have identified all applicable law, you can check this step off your list and move on to explaining the applicable issues.

Explaining the applicable issues

• Determine the legally relevant facts of the case and explain why they are important
• Explain the legal principles that the facts illustrate and why they matter
• Discuss any legal tests that the facts and principles must meet
• Explain how the facts of the case meet the legal tests
• Make sure to clearly explain each relevant fact and its legal implications
• When you are done, check that the facts and principles have been clearly and logically explained
• Once you have checked off this step you can move on to Concluding with key takeaways.

Concluding with key takeaways

• Summarize the facts that you discussed in the statement of facts
• Include a list of key takeaways that the reader can use to understand the case
• Use plain language to make the statement of facts easy to read and understand
• Be sure to include any relevant quotes from the case that are important to the understanding of the facts
• Double-check the facts for accuracy to ensure the statement of facts is legally sound
• Once you have finished writing the statement of facts, you can move on to formatting it.

Formatting the Statement of Facts

• Compose a statement of facts in the third person, using “he/she”, and the past tense
• Begin the statement with a summary paragraph that provides the key facts
• Structure the statement using paragraphs that highlight the most important facts
• Cite all legal sources of reference, such as court decisions and statutes, as well as other sources of information
• Cite any evidence that was presented in the case
• Include any relevant facts, even if they do not support your position
• When you have included all the facts and evidence, proofread the statement of facts to ensure accuracy
• When you have finished formatting the statement of facts, you can move on to the next step.

Identifying formatting conventions

• Familiarize yourself with the formatting conventions of legal documents in the United States
• Consult the relevant court rules and regulations for the jurisdiction in which you are filing the Statement of Facts
• Look for specific instructions regarding line spacing, font size, and margins
• Make sure you are aware of any other formatting requirements for the particular legal document
• When you feel confident that you understand the applicable formatting conventions, you can move on to the next step in preparing your Statement of Facts.

Applying formatting correctly

• Make sure all paragraphs are single-spaced and that there are double spaces between each paragraph
• Use Times New Roman font in size 12
• Set the margins to 1 inch on all sides
• Indent the first line of each paragraph 0.5 inches
• Add a line of space between each section of the statement of facts
• When you have correctly applied all of the formatting, you can move on to the next step.

Setting appropriate margins

• Set the left margin to 1.25 inches and the right margin to 0.75 inches
• Set the top margin to 1 inch and the bottom margin to 0.75 inches
• Use your preferred word processor’s settings to adjust the margins
• When the margins are set correctly, you can move on to the next step of inserting page numbers

Inserting page numbers

• Open the document in your word-processing software and click on the ‘Insert’ tab
• Make sure you have the ‘Header & Footer’ tab open
• Select the box next to ‘Page Numbers’
• Choose the location for the page number
• Select a style for the page number
• Click ‘Apply to All’ to apply the page numbers to the entire document
• Once you see the page numbers appear on all the pages, you have successfully completed this step
• You can now move on to the next step, which is reviewing the statement of facts

Reviewing the Statement of Facts

• Thoroughly read through your statement of facts and ensure that all information is accurate and up-to-date
• Check for any typos, errors, or outdated information
• Make sure that all facts are referenced and supported, e.g. provide links to relevant documents or sources of information
• Ensure that the statement of facts is comprehensive, covering all the relevant points
• When you’re satisfied that the statement of facts is accurate and comprehensive, you can move on to the next step.

Checking for accuracy

• Read the entire statement of facts out loud
• Check for accuracy in the statement of facts by verifying each fact and ensuring all facts are relevant to the case
• Make sure all the legal requirements are met
• Ensure all facts are logical and supported with evidence
• Look for any discrepancies between the statement of facts and the evidence
• Review the statement for any typos or errors
• Once all of the relevant facts are verified and all legal requirements are met, you can mark this step as complete and proceed to the next step.

Verifying that all relevant information is included

• Review the information you have gathered to ensure it is complete and relevant to the case
• Check that all the necessary facts are included in the statement
• Confirm that all sources of information are accurately cited
• Double check that all information is properly referenced
• Once you have verified that all relevant information is included, you can move on to the next step.

Ensuring that any applicable laws are correctly identified

• Review the facts of your case and research any applicable state and federal laws that may apply to your situation.
• Consult a lawyer to ensure that the applicable laws are identified and that the research is comprehensive.
• Create a list of the applicable laws that you have identified and the research you have conducted.
• When you have identified and researched any relevant laws, you can check this step off your list and move on to the next step: Submitting the Statement of Facts.

Submitting the Statement of Facts

• Gather all documents and facts related to the case
• Write out a statement of facts in a clear and concise manner
• Include all relevant facts and evidence to support your statement
• Have your statement of facts reviewed by a professional to ensure accuracy
• Once you are satisfied with the accuracy and completeness of the statement, submit it to the court and the other parties involved
• You will know that you have successfully completed this step when the statement has been submitted to the court and other parties.

Double-checking the document

• Read through the entire Statement of Facts to ensure accuracy and correct any mistakes.
• Check that all information is legible and easy to comprehend.
• Confirm that all relevant facts are included in the document.
• Verify that all relevant laws and/or regulations are referenced and included in the statement.
• Ask a legal expert to review the Statement of Facts to ensure accuracy and completeness.

When you have completed this step, double-check the document one last time to make sure everything is in order. Once you are satisfied with the accuracy and completeness of the Statement of Facts, you can move on to the next step.

Filing the statement with the appropriate court

• Determine the court where the Statement of Facts should be filed.
• Prepare a cover letter with the Statement of Facts and the filing fee (if applicable).
• Deliver the cover letter and Statement of Facts to the court either in person or by mail.
• Obtain a receipt of filing from the court.
• You will know the step is complete when you have obtained a receipt of filing from the court.

Notifying all relevant parties

• Compile a list of all parties that need to be notified of the statement of facts. This can include the plaintiff, defendant, and any other parties involved.
• Send a copy of the statement of facts to each relevant party via certified mail and keep track of the sent date.
• Ensure that each party has received the statement of facts and has been given a reasonable amount of time to respond.
• You will know when you have completed this step when all the parties have received the statement of facts and have had a reasonable amount of time to respond.

Following Up On the Statement of Facts

• Check for responses from all relevant parties.
• If no response is received, reach out to each party again.
• Compare responses to ensure accuracy and consistency.
• Resolve any discrepancies or conflicts between responses.
• Once all responses are consistent and accurate, you can move on to the next step.

Reviewing responses

• Review the responses you received to make sure the facts provided are complete and accurate
• Note any discrepancies between the facts stated by each party
• Note any objections to the facts stated by each party
• Note any areas of agreement
• When you have reviewed all responses, you can check off this step and move onto addressing any objections.

Addressing any objections

• Carefully review any objections to the facts presented and respond accordingly.
• Take note of any changes that need to be made to the statement of facts.
• Make any necessary changes to the statement of facts based on any objections or responses.
• Confirm that all objections and responses have been addressed.
• You can check this step off your list when you have addressed all objections and responses and have made any necessary changes to the statement of facts.

Making any necessary changes

• Review the statement of facts for accuracy and make any necessary changes.
• Double check that all necessary documents are included.
• Ensure all information is up to date.
• You will know you can move on to the next step when you have made any necessary changes and double checked all information is up to date.

Maintaining Records of the Statement of Facts

• Make a copy or backup of the completed Statement of Facts
• Place the copy in a secure and safe location (such as a filing cabinet or safe)
• Keep the original document on hand in case you need to refer to it later
• When you have completed this step, you can cross it off your list and move on to the next step.

Storing the document securely

• Store the document in a secure, safe place.
• Ensure that only authorized personnel have access to the document.
• Consider setting up a secure digital vault to protect the document.
• Once the document is stored securely, you can check this step off your list and move on to the next step.

Keeping copies of the final version

• Make a copy of the final version of the Statement of Facts and store it in a secure location.
• Keep a digital copy of the Statement of Facts on a separate device, such as a USB drive.
• Maintain a paper copy in a file or folder.
• When you have finished, you can check this step off your list and move on to the next step.

Updating records of the submission

• Ensure that you have updated all records of the submission, including the date it was submitted, the name of the recipient, and the contents of the submission.
• Make sure you have copies of any acknowledgment receipts or confirmations of delivery.
• You can check off this step when you have confirmed that all records of the submission are up to date.

FAQ:

Q: What is the difference between a Statement of Facts in the US and the UK?

Asked by Emma on May 2nd, 2022.
A: A Statement of Facts (SOF) is a document used to provide a summary of the key facts of a case or legal dispute. It is commonly used by lawyers in the US and UK as part of trial preparation.

The main differences between the US and UK versions of Statements of Facts are in terms of format and content. In the US, the SOF should include a brief overview of the facts, a list of witnesses, documents and other evidence, as well as a conclusion summarising the key points. In the UK, however, the SOF should be more detailed and include a timeline of events as well as an assessment of all available evidence in support or against each point.

Q: Is it necessary to have a Statement of Facts for every case?

Asked by Tyler on June 7th, 2022.
A: No, it is not necessary to have a Statement of Facts for every case. The decision to use a SOF will depend on a variety of factors including the type and complexity of the case, the jurisdiction you are in, and your own preferences as a lawyer. Generally speaking, however, Statements of Facts are useful for providing an overview and summary of your case and can help to clarify any points that may be unclear or require further investigation.

It is important to remember that Statements of Facts should only be used when absolutely necessary – if your case is fairly straightforward then it may not be necessary to create one at all. Ultimately, it is up to you as a lawyer to decide whether or not preparing a SOF would be beneficial in your particular case.

Q: What other documents do I need to prepare alongside my Statement of Facts?

Asked by Robert on December 24th, 2022.
A: Depending on the type and complexity of your case, you may need to prepare other documents alongside your Statement of Facts. This could include witness statements, legal pleadings and briefs, expert witness reports, or any other documents that are relevant to your case. Additionally, you may want to include copies of any relevant contracts or agreements as part of your documentation package.

It is important to ensure that all documents are prepared accurately and thoroughly – if there are any errors or omissions then this could have serious consequences for your case later down the line. As such it is always best practice to double-check all documents before submitting them as part of your legal documentation package.

Q: What other considerations should I keep in mind when preparing my Statement of Facts?

Asked by Abigail on April 18th, 2022.
A: When preparing your Statement of Facts there are several other considerations that you should keep in mind. Firstly, it is important to ensure that all information included in the statement is accurate and up-to-date – if any information is incorrect then this could potentially weaken your case later down the line. Additionally, it is important that all relevant information is included – leaving out key pieces of evidence or information could also have serious consequences for your case later on.

In addition to this, it is important to make sure that your statement reflects any changes or developments in the law since you began working on the case – if new laws or regulations have been passed then these should be reflected in your statement accordingly. Finally, make sure that all points are clearly argued and supported with evidence – if this isn’t done then it could weaken your argument significantly.

Q: How much detail should I include in my Statement of Facts?

Asked by Logan on August 12th, 2022.
A: The amount of detail you include in your Statement of Facts will depend largely on the type and complexity of your case. Generally speaking however, it is best practice to include as much detail as possible so that all relevant facts are clearly presented and accessible for review by judges or other legal professionals involved with your case. For more complex cases this may mean including additional documentation such as witness statements or expert witness reports alongside your Statement itself.

Additionally, it is important to make sure that all points presented within your statement are clearly argued and supported with evidence where applicable – if these points are not backed up with sufficient evidence then they may not carry much weight during proceedings later down the line.

Finally, make sure that all information included within the statement remains accurate throughout proceedings – if any information becomes outdated then this could potentially weaken your argument later down the line during proceedings.

Example dispute

Suing a Company for Breach of Contract:

• A plaintiff may raise a lawsuit referencing a statement of facts if they believe the defendant has breached a contract.
• The statement of facts should detail what the parties agreed to and how the defendant has failed to adhere to the agreement.
• The plaintiff must have proof that the defendant was aware of the terms of the agreement and that they have failed to adhere to them.
• The plaintiff can provide evidence in the form of emails, text messages, or other documents that show the defendant was aware of the terms of the agreement.
• If a court finds that the defendant has breached the agreement, they may require the defendant to pay damages to the plaintiff.
• The court may also order the defendant to take specific steps to remedy the breach of contract.
• In some cases, the court may order a settlement between the parties that is agreed upon by both sides.

Templates available (free to use)

Advance Factoring Contract
Attorney In Fact S Certificate Public Equity Offerings
Collection Factoring Contract
Factoring And Security Agreement
Maturity Factoring Contract
Separate Statement Of Material Facts Florida
Separate Statement Of Undisputed Material Facts California
Summary Judgment Statement Of Facts Massachusetts
Summary Judgment Statement Of Material Facts Federal
Summary Judgment Statement Of Material Facts New Jersey
Summary Judgment Statement Of Theories Of Recovery And Facts Georgia

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