Factums

A factum is a written legal argument submitted to a court in appellate or other reviewed proceedings. It presents a concise account of the facts relevant to the appeal, the legal issues to be addressed, and the authorities supporting the party’s position. While closely associated with common law jurisdictions, the use and terminology of factums can vary by country and court.

A typical factum includes several standard components. These usually encompass a statement of facts, an outline of the issues, a discussion of the applicable law, and arguments supported by cited authorities such as cases and statutes. Many factums also contain a table of authorities, a table of contents, and a conclusion outlining the relief sought. The tone is analytic and persuasive, but the document is expected to reflect the record accurately and to distinguish between fact and argument.

Procedural rules govern the preparation and filing of factums. Courts often set limits on length, formatting, and timing, and require service on the opposing party or parties. Factums are usually filed alongside the case record and may be supplemented by other documents, such as a respondent’s or applicant’s own factum.

In practice, the term is most commonly used in Canada and other Commonwealth jurisdictions, though some courts in the United Kingdom and Australia also employ the concept, sometimes under different names such as written submissions or skeleton arguments. Factums serve as a primary vehicle for appellate advocacy, shaping judicial consideration by presenting structured, cited arguments in a formal, written form.