statement of admitted facts

Negotiating Admitted Facts in Pretrial Stipulation

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Determining admitted facts can be one of the more difficult aspects of preparing a pretrial stipulation. Parties often propose factual statements that are advantageous to their position, while resisting facts that may favor their opponents. There is also a tendency to take a cautious approach and require an opponent to prove all facts in support of their case at trial. This approach, however, likely is contrary to counsel's duty to litigate a matter "efficiently and effectively" and to "cooperate as officers of the court and not waste time on issues not legitimately in dispute," as in  It ron v. Consert , (Del. Ch. Jan. 15, 2015).

In  Itron , the plaintiff challenged the defendant's refusal to agree to proposed admitted facts drawn from its answer and discovery responses. On the plaintiff's motion, the court found that facts the defendant previously admitted in its pleadings and discovery responses were admitted for purposes of the pretrial stipulation and trial. Additionally, the court sanctioned the defendant for failing to negotiate in good faith and ordered an in-person, on-the-record meet-and-confer to be attended by each party's senior-most non-Delaware and Delaware attorneys.

The plaintiff, Itron Inc., and the defendant, Consert Inc., were parties to a development agreement, under which Consert claimed to be owed $60 million. Itron initiated the action seeking a declaration that it owed Consert nothing under the parties' agreement. The parties conducted discovery for two years, which included the exchange of 55,000 documents, responses to over 300 interrogatories and requests for admission and depositions of over 28 fact witnesses and four expert witnesses. Trial was scheduled for five days.

In an effort to narrow the facts and issues to be decided at trial, counsel for Itron provided a form of pretrial stipulation that included 164 proposed admitted facts. In response, counsel for Consert returned a red-line version that deleted entirely, or in substantial part, approximately 90 percent of the proposed admitted facts. The court noted, "Consert struck even benign and undisputed facts such as the dates on which drafts of documents were exchanged." After exchanging drafts of the pretrial stipulation, the parties held three meet-and-confer sessions and exchanged written correspondence. During the meet-and-confer sessions, Consert explained that it had deleted many of the proposed admitted facts because they were either irrelevant or required other facts or evidence to be presented along with them. Consert, however, addressed some of the same or similar facts in its statement of the case or in the admitted facts it proposed.

Thereafter, Itron provided a revised draft of the pretrial stipulation that removed more than 70 of the originally proposed admitted facts. Instead of engaging in discussions regarding the remaining admitted facts, Consert responded by identifying "just 16 rudimentary background facts to which it would agree, claiming an 'advocacy interest' in forcing everything else to be addressed at trial."

Court Analysis

The court began its analysis by noting that Court of Chancery Rule 16, which governs pretrial procedure and management, requires that the parties confer in good faith with regard to reaching agreement on the contents of the pretrial stipulation. Consert argued it could not be ordered to stipulate to facts that are not "'admitted and required no proof,'" citing Rule 16. Citing  J.F. Edwards Construction v. Anderson Safeway Guard Rail , 542 F.2d 1318, 1322 (7th Cir. 1976), Consert further argued that "on its face, Rule 16 ... does not authorize a court to force parties to stipulate facts to which they will not voluntarily agree."

Admitted Facts

In contrast, the court found it indeed had the power to determine that particular facts had been admitted, or are beyond legitimate dispute, based on the discovery record or on statements made by counsel during the pretrial conference. The court noted that it was not unusual for a court to make a determination that a particular fact has been admitted or is not legitimately subject to dispute. For instance, courts routinely make such determinations when evaluating whether there is a genuine issue of material fact on a motion for summary judgment. Courts may also adjudicate admitted facts if parties submit competing forms of pretrial stipulations under Rule 16(b). Next, the court reviewed Consert's answer and discovery responses to determine whether certain of the proposed admitted facts had been admitted therein. With respect to Consert's answer, the court noted specific facts that Consert admitted, but later rejected when included in Itron's proposed pretrial stipulation. The court also found that other facts were drawn from admissions in Consert's answer and, therefore, should have at least been partially admitted. By rejecting such facts in their entirety, Consert failed to act in good faith.

Modification of Responses

Similarly, the court found that Consert had no good-faith basis for rejecting facts it admitted in its responses to Itron's requests for admissions. Consert also did not act in good faith when it rejected, in their entirety, facts that were partially admitted in its responses. With respect to Consert's interrogatory responses, the court found that statements in "interrogatory responses ... do not, by themselves, constitute admitted facts." They can, however, "be found to constitute an admitted fact if it is not legitimately subject to dispute." As Consert did not identify a good-faith basis for withdrawing, modifying or otherwise disputing its prior responses, it "should have accepted the portion of the proposed admitted fact drawn from the associated interrogatory response and conferred with Itron about any disagreements over phrasing."

Finally, Itron argued that Consert failed to meet and confer in good faith with regard to certain other facts that were not previously admitted, but, if admitted, would streamline the trial. The court agreed. In so finding, the court rejected Consert's claims that the proposed admitted facts were written from an advocacy perspective, took facts out of context or involved inadmissible, irrelevant or immaterial facts. Instead, the court found that Consert's approach was indicative of an "entrenched adversary, hostile to the prospect of agreement." Particularly telling, according to the court, was Consert's refusal to engage in discussions regarding Itron's significantly reduced scope of admitted facts. The court found it "inconceivable that after two years of discovery, there are only 16 facts not legitimately subject to dispute."

Final Court Ruling

Ultimately, the court sanctioned Consert for failing to meet and confer in good faith and ordered it to pay Itron's attorney fees for preparing the proposed pretrial stipulation, including the time spent meeting and conferring, and for briefing and arguing the instant motion. The court further required each party's senior-most non-Delaware and Delaware attorneys to meet and confer in-person regarding the narrowed scope of proposed admitted facts. Prior to the meeting, Consert was to provide a written response regarding each proposed admitted fact, including identification of all evidence that refutes any contested fact. Finally, "during the in-person meeting, the senior lawyers shall review, one by one, each of the items and attempt to reach agreement. A court reporter shall transcribe the meeting."

Lessons Learned From This Case

The  Itron  decision plainly sets forth the Court of Chancery's expectations with respect to negotiating admitted facts in a pretrial stipulation. Instead of merely rejecting all but the most benign factual statements, counsel must make a legitimate, good-faith effort to reach agreement on facts that may narrow the scope of trial. The failure to do so may result in the court declaring certain facts admitted and imposing sanctions. Counsel are wise to avoid this outcome by acting reasonably and agreeing to facts that were previously admitted or are not legitimately subject to dispute.

Delaware Business Court Insider | January 28, 2015

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Keeping the “material” in material facts

Understanding how to dispute, and draft, material facts is a critical tool in your summary judgment arsenal.

If you struggle with writing material facts for summary-judgment purposes, you are not alone. A “material fact” is difficult to define. But understanding what makes a fact material will help you not only in drafting your material facts in opposition (or bringing your own motion for summary adjudication, you go-getter!), but also in disputing the defendant’s allegedly undisputed material facts.

This article is a companion to “Mastering the separate statement,” published in the December 2018 issue of the Advocate. Some examples may repeat, but are included here for consistency and so you can see them from a different perspective.

What is a material fact?

While the Code of Civil Procedure requires that a material fact be set forth “plainly and concisely” (Civ. Proc. Code, § 437c, subd. (b)(1)), the Code does not define what a material fact actually is. The California Rules of Court defines “material facts” as “facts that relate to the cause of action, claim for damages, issue of duty, or affirmative defense that is the subject of the motion and that could make a difference in the disposition of the motion.” (Cal. Rules of Court, rule 3.1350(a)(2).)

The Court of Appeal provided a more substantive definition in Riverside County Cmty. Facilities Dist. v. Bainbridge 17 (1999) 77 Cal.App.4th 644, 653, explaining, “To be ‘material’ for purposes of a summary judgment proceeding, a fact must relate to some claim or defense in issue under the pleadings , and it must also be essential to the judgment in some way.” (Emphasis added.)

Let’s break this down. A material fact is:

A plain and concise statement of fact

Relevant to the claims or defenses in issue under the pleadings, and

Presented in the motion for summary judgment/adjudication that

In some way influences the court’s decision on whether to grant or deny the motion.

But even that definition of a material fact is not particularly elucidating. The definition of a material fact takes a more concrete shape when conceptualized in two other ways: (1) in the broader scope of the search for truth and justice; and (2) by what a material fact is not.

In search of truth and justice

The law cherishes truth in the pursuit of justice. Think about these principles in the context of the summary judgment statute. A motion for summary judgment asks the court to find that presenting your client’s case to a jury would be a waste of time, because under these undisputed facts, the plaintiff has no claim as a matter of law. The court must decide whether there is a triable issue of material fact – a material dispute for the jury to resolve in order to determine the truth and administer justice.

Research matters

How does the court decide if there is a disputed question of material fact to send to the jury? By applying the facts of the case to the applicable law. Thus, knowing what makes a fact material requires a thorough understanding of the law as it applies to your case . Knowing the elements of a cause of action is not enough. You have to understand: (1) the facts of the cases you will rely on; (2) the facts of the cases the defense relies on; and (3) how you will distinguish the defendant’s authority or otherwise argue it is inapplicable. Only then can you understand what makes a fact in your case “material.”

”But the driver was blind…”

Appreciating what makes a fact material to your case will not only help you draft your own material facts, but also will help you dispute any true but immaterial facts the defense sneaks into the moving papers. For example, a public entity defendant includes in its Separate Statement that the driver who struck your plaintiff was blind in one eye. While this “fact” is true, it is not “material” because it does not help the court find the truth – whether there is a triable issue on the public entity’s liability for a dangerous condition of its property. (See Figure 1.) When you know the case law, you can “Dispute” the allegedly material fact by showing the court why that fact is not material to the City’s claimed immunity.

Getting to truth

The search for truth is why, when identifying the supporting evidence, I include every piece of deposition testimony or documentary evidence I have supporting the material fact. Although on summary judgment the court must not weigh the evidence ( Mann v. Cracchiolo (1985) 38 Cal.3d 18, 39) or make credibility determinations (Code Civ. Proc., § 437c, subd. (e); AARTS Productions, Inc. v. Crocker Nat’l Bank (1986) 179 Cal.App.3d 1061, 1064), showing the court your material fact is the truth lends credence to your arguments.

Keep the principles of searching for truth and justice in mind to help you appreciate what makes a fact material.

A material fact is not evidence

Consider this supposed material fact: “Driver testified that she failed to brake and hit the plaintiff in the crosswalk.” As you’ve probably inferred, that is not a material fact. But why not?

Consider another example: “Harasser testified he never touched the plaintiff’s breasts on the job.” Again, not a material fact. Why? Because sometimes people lie. Sometimes people even lie under oath. Remember, the law is interested in truth. What someone testified to in deposition may be evidence of a truth, but the fact of the testimony is not a truth that helps the court in its search of justice. Because, sometimes, people lie. Even under oath.

The appropriate material fact – i.e., the truth the court is interested in – is, “Driver failed to brake and hit the plaintiff in the crosswalk.” Or, “Harasser never touched the plaintiff’s breasts on the job.”

Framing a material fact in terms of its supporting evidence is tempting on both sides. From the defense perspective, presenting a material fact as the evidence makes it appear “Undisputed.” From the plaintiff’s perspective, we may want to emphasize an admission against interest, with its “high credibility value” ( D’Amico v. Board of Medical Examiners (1974) 11 Cal.3d 1, 22). If you really must emphasize a particular piece of evidence for the court (and rarely, should you “really must”), quote the actual testimony with your supporting evidence in the Separate Statement. (See Figure 2 on page 55.) But do not frame your material fact in terms of its supporting evidence. Seldom will what a person testified to in deposition – the fact of the testimony – be a true material fact.

(Note re Figure 2: In Mastering the Separate Statement , I indicated that I do not include a column for Defendant’s response in the Plaintiff’s Separate Statement of Additional Material Facts in Dispute. The California Rules of Court is silent on the format for plaintiff’s additional material facts, and, as noted below, a Reply Separate Statement is improper. Neither the Code nor the California Rules of Court contain a mechanism for submitting a Reply Separate Statement. However, I have since changed my mind on formatting the plaintiff’s additional material facts. The defendant will almost certainly make objections to the supporting evidence, which should be identified by Objection No. in the adjacent column.)

Also, preemptively pointing out that disputing the plaintiff’s additional material facts often leads to an “Undisputed for purposes of this motion” response. Remember that Plaintiff’s Separate Statement of Additional Material Facts in Dispute allows the plaintiff to present the material facts the defendant omitted or skewed – the ones you need to argue based on your research of the law as it applies to your case. The trick to drafting the additional material facts is to make the defendant’s response irrelevant. If the defendant “Disputes” the additional material fact, the defendant creates a triable issue for the jury. If the defendant responds “Undisputed for purposes of this motion,” the defendant has conceded that the material fact is both a truth and material. Now you can show the court why, under the case law you spent so much time researching, there are issues of material fact that the jury must decide in order to determine the truth and administer justice.

Now consider this material fact: “Witnesses A, B, and C all saw the plaintiff crossing in the crosswalk.” This one is a true material fact, right? Because we’re not stating that Witnesses A, B, and C testified they saw the plaintiff in the crosswalk?

Nope, sorry; not a material fact. The plain and concise truth the court is interested in is, “The plaintiff was crossing in the crosswalk.” Eye-witnesses can be mistaken about what they saw, or heard, or perceived. Memories can be faulty. What someone honestly believes she saw may not be the truth. Seldom will what someone perceived (or testified to in deposition) be a truth that is in issue and in some way essential to the court’s decision on summary judgment.

In Reeves v. Safeway Stores, Inc. (2004) 121 Cal.App.4th 95, 105-106, the court lambasted the defendant for attempting to avoid “Disputed” material facts by framing them in terms of what a witness testified to or perceived. The defendant’s Separate Statement was so egregious that the appellate court authorized trial courts to strike alleged “undisputed material facts” that fail to comply with the Code, even if striking non-compliant facts means the defendant cannot carry its initial burden on summary judgment. ( Id ., at p. 106.)

At the threshold we observe that defendant has made our task – and that of the trial court – considerably more burdensome by its failure to comply with the requirement of Code of Civil Procedure section 437c, subdivision (b)(1), that the moving party set forth “ plainly and concisely all material facts which the moving party contends are undisputed.” [ ] Instead of stating clearly those material facts which actually are without substantial controversy, defendant offers a number of obliquely stated “facts” that are material only to the extent they are controverted, and uncontroverted only to the extent they are immaterial. For instance, defendant asserts various “undisputed facts” in terms not of relevant events but of what a witness has said about events, e.g., two Safeway employees “stated that Plaintiff followed them out of the store, telling them that he had moved Sandy Juarez out of the way by lightly/gently pushing her aside.” It seems indisputably true that Brian Sparks so testified in deposition , though there is no competent evidence of such a report by the other worker, Barbara Flagen-Spicher. [ ] But what Sparks (or for that matter Flagen-Spicher) might have said in deposition is not, as such, a “material fact.” It is of interest only as evidence of a material fact, e.g., that plaintiff made a damaging admission about his confrontation with Juarez. That “fact” is squarely controverted by plaintiff’s declaration that he made no such statement. We emphatically condemn Safeway’s attempt to circumvent that conflict by stating the supposed “fact” in an attributive form.

This stratagem takes an arguably even worse turn in Safeway’s assertion of “facts” in the form of supposed perceptions by witnesses. Thus it is said to be undisputed that “Brian Sparks overheard” something, and that “Sandy Juarez and Staci Siaris both witnessed” something. Ordinarily, however, the perceptions of witnesses are simply not “material facts,” as that term is used in the summary judgment statute. The relevant question is whether the underlying facts – the events or conditions witnesses say they perceived – are established without substantial controversy. Defendant merely clouds the inquiry into that question by formulating the operative facts in the intermediate form of a witness’s perceptions or statements.

We believe trial courts have the inherent power to strike proposed “undisputed facts” that fail to comply with the statutory requirements and that are formulated so as to impede rather than aid an orderly determination whether the case presents triable material issues of fact. If such an order leaves the required separate statement insufficient to support the motion, the court is justified in denying the motion on that basis. (See Sec. 437c, subd. (b)(1).) . . .

( Reeves , supra , 121 Cal.App.4th at pp. 105-106 [original italics].)

A material fact is not evidence. Do not frame a material fact in terms of the supporting evidence. “Expert opines that . . .” is not a material fact. Nor are a witness’s perceptions a material fact. Do not make the same mistakes excoriated in Reeves , supra , no matter how well-intentioned you may be.

You only need a single disputed material fact

A defendant moving for summary judgment bears two burdens: (1) the burden of production – presenting admissible evidence, through material facts, sufficient to satisfy a directed verdict standard ( Aguilar v. Atlantic Richfield Co . (2001) 25 Cal.4th 826, 851); and (2) the burden of persuasion – the material facts presented must persuade the court that the plaintiff cannot establish one or more elements of a cause of action, or a complete defense vitiates the cause of action. (Code Civ. Proc., § 437c, subd. (p)(2); Aguilar , supra , 25 Cal.4th at p. 850.)

Defeating summary judgment requires only a single disputed material fact. (See Code Civ. Proc., § 437c, subd. (c) [a motion for summary judgment “shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.”] [emphasis added].) Thus, any disputed material fact means the court must deny the motion – the court has no discretion to grant summary judgment. ( Zavala v. Arce (1997) 58 Cal.App.4th 915, 925, fn. 8; Saldana v. Globe-Weis Systems Co . (1991) 233 Cal.App.3d 1505, 1511-1512.) Further, a defendant may not avoid the denial by withdrawing the material fact. When a party includes a material fact in its separate statement, the party concedes it is material. ( Nazir v. United Airlines (2009)178 Cal.App.4th 243, 252.)

However, do not rely solely on a technical error – e.g., disputing a true but immaterial fact; asking the court to strike non-compliant material facts such as those in Reeves , supra ; or objecting that the defendant failed to support the material fact with admissible evidence – to defeat summary judgment. Such a strategy is extremely risky; if the court disagrees with your interpretation of the law, your client has lost the opportunity to oppose the motion on the merits.

Alyssa Kim Schabloski

Alyssa Kim Schabloski is a trial attorney with Gladius Law, APC . A plaintiff’s lawyer for her entire legal career, she practices in employment law, medical malpractice, and catastrophic personal injury. Alyssa graduated from Barnard College and obtained her JD and MPH from the UCLA Schools of Law and Public Health. She served as 2020 President of the Los Angeles Trial Lawyers’ Charities (LATLC) and President of the Cowboy Lawyers Association from 2019-2021. She is a member of the CAALA Board of Governors. Alyssa is admitted to practice in California, Arizona, and New York.

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4 CFR § 22.6 - Motions, Briefs, and Other Statements [Rule 6].

(a) Motions, generally. Motions shall be made in writing, indicate the relief sought and include the grounds therefor, and be filed with the Board as soon as practicable after the grounds therefor are known and as early as necessary to allow the Board to rule on the motion in advance of a scheduled hearing. Except for motions submitted under paragraph (d) of this section [Rule 6(d)], any party may respond to a motion by submitting a written response to the motion within 10 days of receipt of the motion, and the moving party may reply to the response within 5 days of receipt of the response, except that the Board, in its discretion, may shorten or lengthen the time for the response and reply based on the nature of the motion, the nature and timing of the case, and the scheduling needs of the Board. The Board may request additional submissions from the parties and may decide motions on the written submissions without oral argument. The Board shall decide all motions before the hearing on the merits unless the Board determines that a ruling be deferred pending a hearing on both the merits and the motion. Jurisdictional and procedural defenses may be raised at any time by motion, but should be raised as soon as the grounds therefor are known; and the Board, at any time and on its own initiative, may raise an issue of jurisdiction and may decline to proceed with an appeal in which it lacks authority to decide the issues. All motions, responses, replies, and additional submissions required by the Board shall be filed in accordance with paragraphs (b) and (c) of this section [Rules 6(b) and 6(c)].

(b) Briefs and citations. In addition to submissions required by these rules, the Board may require the parties to file legal or factual briefs concerning any matter that may aid in the disposition of the appeal. When such briefs or submissions are required (by rule or by the Board), the brief or submission shall contain citations to the record and legal authority as appropriate, and follow such other format as may be directed by the Board. Citations to the record must be specific ( i.e. , to Bates number or other similar designation) so that the Board can locate the exact proposition or matter to which the party is referring. The parties should not expect the Board to search the record for evidence in support of either party's position. Briefs and submissions that are not submitted in the required format, or which do not contain adequate citations to the record or legal authority, may be rejected by the Board or returned to the party with an order that the party resubmit the brief or submission with appropriate revisions.

(c) Declarations, affidavits, or other statements. Any declaration, affidavit, or other statement that is submitted to explain the record must, to the maximum extent possible, include citations to the record in support of the statement, argument, or analysis made. Citations to the record must be specific ( i.e. , to Bates number or similar designation). Declarations, affidavits, or other statements containing inadequate citations may be returned to the party with an order that the party resubmit the statement with appropriate revisions.

(d) Motions for summary judgment —(1) Generally. Motions for summary judgment or partial summary judgment shall be filed only when a party believes, based on uncontested material facts, that it is entitled to relief, in whole or in part, as a matter of law. Such motions shall be filed as soon as practicable to allow the Board to rule on the motion in advance of a scheduled hearing. In considering a motion, or partial motion, for summary judgment, the Board will consider the pleadings, depositions, answers to interrogatories, admissions of record, and affidavits provided, and will grant such motion if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. In deciding motions for summary judgment, the Board will look to Rule 56 of the Federal Rules of Civil Procedure for guidance.

(2) Requirements. Where both parties agree that disposition by summary judgment or partial summary judgment is appropriate, they shall file a stipulation of all material facts necessary for the Board to rule on the motion. Otherwise, the moving party shall file with its motion a “Statement of Undisputed Material Facts” setting forth the claimed undisputed material facts in separately numbered paragraphs, each of which shall be supported by citations to the § 22.4 [Rule 4] file or other evidence establishing the facts. The non-moving party shall file a “Statement of Genuine Issues of Material Facts,” responding to each numbered paragraph, demonstrating the existence of genuine issues of material facts where appropriate, and including for each fact citations to the § 22.4 [Rule 4] file or other evidence in support. A fact properly proposed by one party may be accepted by the Board as undisputed unless the opposing party properly responds and establishes that the fact is in dispute. An opposing party may not rely on mere allegations or denials in its pleadings to demonstrate the existence of a genuine issue of material fact. Either party may rely on affidavits, depositions, answers to interrogatories, or admissions of record to establish the existence of, or to dispute, a material fact. The moving party and non-moving party each shall submit a memorandum of law supporting or opposing summary judgment, and the moving party may file a reply to the non-moving party's opposition of the motion.

(3) Time. Generally, the non-moving party shall file its opposition to a motion for summary judgment or partial summary judgment within 20 days of receipt of the motion, and the moving party's reply is due within 10 days of receipt of the opposition, except that the Board, in its discretion, may shorten or lengthen the time for opposition and reply based on the nature of the motion, the nature and timing of the case, and the scheduling needs of the Board.

(4) Citations. All motions for summary judgment, oppositions to such motions, briefs, and statements in support of the motions or opposition to the motions shall be filed in conformance with paragraphs (b) and (c) of this section [Rules 6(b) and 6(c)].

• Motions to dismiss may be filed at any time. Motions for summary judgment should generally be filed following the close of discovery. The court will issue a filing date for motions in limine at the final pretrial conference.
• After a motion is filed, the case manager will generally set a date for a hearing. The dates are firm and extensions will be granted only for good cause shown. Again, counsel desiring an extension should contact the case manager.

Protective orders shall not be entered routinely. In addition to the requirements under E.D. Mich. Local Rule 5.3 , which are to be strictly followed, a protective order including a provision for filing a pleading, paper or exhibit, etc. under seal shall be subject to the following limitations: The entire pleading, paper, exhibit, etc. may not be filed under seal. Only the portion of the document(s) which are not to be publically disclosed may be filed under seal. In such instances, the portion to be filed under seal requires an endorsement by the Court on a cover page. A party's presentment to the Court for the endorsement shall be accompanied by an explanation why the portion of the document(s) is confidential.

The parties must index and tab their exhibits. The two or three most relevant cases must be attached as exhibits. Briefs must contain a table of contents and an index of authorities.

The parties must provide the Court with a Judge's Copy of all motions and briefs filed in support of and in opposition to motions. The parties must also provide the Court with a Judge's Copy of all exhibits filed in relation to a motion. The Judge's Copy of Exhibits should also be indexed and tabbed. In addition, on the Judge's Copy of the Exhibits the relevant parts of all exhibits, including deposition transcripts and cases, must be highlighted

Before filing or responding to motions for summary judgment, the parties are urged to familiarize themselves with Celotex Corp. v. Catrett, 477 U.S 317 (1986), Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986), and Matsishita Electric Industrial Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574 (1986). An excellent summary of these cases appears in Street v. J.C Bradford & Co., 886 F.2d 1472 (6th Cir. 1989)

• The moving party's papers shall include a separate document entitled Statement of Material Facts Not in Dispute . The statement shall list in separately numbered paragraphs concise statements of each undisputed material fact, supported by appropriate citations to the record. The Statement shall include all necessary material facts that, if undisputed, would result in summary judgment for the movant. SAMPLE
• In response, the opposing party shall file a separate document entitled Counter-Statement of Disputed Facts . The counter-statement shall list in separately numbered paragraphs following the order of the movant's statement, whether each of the facts asserted by the moving party is admitted or denied and shall also be supported by appropriate citations to the record. The Counter-Statement shall also include, in a separate section, a list of each issue of material fact as to which it is contended there is a genuine issue for trial. SAMPLE
• All material facts as set forth in the Statement of Material Facts Not in Dispute shall be deemed admitted unless controverted in the Counter-Statement of Disputed Facts.
• The statements shall be non-argumentative and avoid the use of color words or distortions of the record in a party's favor. Conclusory, speculative, or conjectural statements in support of a position shall be avoided. Hearsay statements and other inadmissible evidence cannot be considered.
• Facts stated in the Statement of Material Facts Not In Dispute and Counter-Statement of Disputed Facts shall be supported with appropriate citations to the record, including but not limited to the pleadings, interrogatories, admissions, depositions, affidavits and documentary exhibits. Citations to the record must be specific i.e., cite to a discrete page or portion of deposition testimony or page(s) of documentary evidence, not simply the entire deposition or document. The appropriate portion of the text of a source cited shall be highlighted and filed with the Court as part of an appendix separate from the brief. It is preferred that only the cited excerpts of depositions, as opposed to the entire deposition, be filed. The text cited shall be placed in proper context. The appendix shall contain an index and shall be tabbed.
• The Statement of Material Facts Not In Dispute and Counter-Statement of Disputed Facts are not included in calculating the length of the brief.
• Counsel are discouraged from employing elaborate boilerplate recitations of the summary judgment standard or lengthy string citations in support of well established legal principles. Instead, counsel should focus their analysis on a few well chosen cases, preferably recent and from controlling courts. Counsel are encouraged to supply the Court with copies of their main cases, with the relevant passage highlighted and tabbed. Further exhibits should be highlighted and tabbed (deposition transcripts, documents).

Although the above requirements are for motions for summary judgment, counsel are strongly encouraged to follow them to the fullest extent possible for other motions, such as motions for entry of judgment and motions to dismiss.

Do not file motions in Limine until instructed by court.

The court endeavors to decide pending motions promptly, ordinarily within three weeks after a hearing, or within two weeks after the time for a response has passed without a response being filed. Complex motions or those raising novel issues may require additional time to conclude. If a motion has been pending in chambers without resolution for an apparently inordinate time, counsel are asked to notify the court's case manager, in writing (jointly if possible), as to the status of the motion. Such notification is a service that is appreciated by the court.

The court does not grant motions to extend the page limits for briefs provided under the local court rules, unless warranted by a unique/novel question of law or other extraordinary circumstances.

Any briefs filed in excess of the page limitations set forth in E.D. Mich. Local Rule 7.1 will be stricken.

How to Prepare a Statement of Facts (US)

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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.

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.

• 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.
• 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.
• 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.
• 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.

• 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.
• 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.
• 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!
• 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.
• 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
• 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.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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
• 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
• 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.
• 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.
• 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.
• 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.
• 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.
• 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.

• 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.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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.

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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Legal Writing

• Question Presented Checklist
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Statement of Facts Checklist

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• Overarching Rule Checklist
• Case Explanations Checklist
• Analogical Reasoning: Example #2
• Application Checklist
• Final Conclusion Checklist
• Converting a Question Presented and Brief Answer into an Introduction for a Persuasive Brief
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• Legal Definitions

Statement of Facts (What It Is And How It Works: Full Overview)

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In this article, I will break down the Statement of Facts so you know all there is to know about it!

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Table of Contents

What Does Statement of Facts Mean

A statement of facts generally refers to a document where certain factual events or circumstances are outlined in a simple and easy-to-understand manner.

Statement of facts is “factual” in nature and does not contain legal argumentation, opinions, or other types of statements.

For example, you can have a statement of fact presented in a legal document (or pleading) presented to a judge.

You can also have a statement of fact when completing your vehicle registration papers providing factual information about your vehicle, applying for health insurance, filling up a school form, or even applying for a credit card.

The reason why it’s called a statement of “fact” is that the objective of the document is to present a certain factual account.

In the context of a court proceeding, trial lawyers tend to use the factual account of events to provide the judge with a proper background to be able to make their case.

Statement of Facts Definition

The statement of facts can be defined as follows:

A legal document putting forward factual statements without any arguments or opinions. Author

In other words, a “statement of fact” is:

• A legal document
• Presents relevant facts
• And does not contain any argumentation 

You may be required to give a statement of factual events in a form, application, court document, or other.

The objective of the statement is to provide the relevant pieces of information a decision-maker needs to assess your case or demand.

Purpose of Statement of Fact

The objective of a fact statement is to present factual for the official record.

In the context of legal proceedings, statements of facts are used to present factual information about the case that is relevant for the judge.

Since the document is intended to be factual in nature, you will not find legal arguments, pleadings, or opinions presented in the document.

Rather, you will have reference to facts such as:

• Legal documents
• Medical records
• Police records
• Eye witness accounts 
• Reference to dates
• Reference to events 

Lawyers report the facts in a way that allows them the paint a more favorable picture of their case or allow a more beneficial interpretation of the facts in their client’s favor.

For the statement of fact to be impactful, the way you frame the facts and the manner you present “factual information” can create an effective story supporting your legal argumentation.

Statement of Fact In Law

Lawyers and legal professionals dealing with the courts are used to writing factual statements for trial briefs or other types of legal proceedings.

When presenting a statement of fact in a brief to a court, the attorney’s objective is to:

• Address a particular legal issue without arguing the law 
• Draft the factual account of events in a persuasive manner
• Try to factually tell a story in a convincing manner 

Effective statements tend to have a characteristic similar to a narrative where you have:

• Series of events 
• Cast of characters 
• Vantage point 

The only difference between a narrative and a legal statement of fact is that the legal statement of facts must report the relevant facts as required by the applicable laws.

As such, there is a close connection between the facts that are presented in a statement of fact and the law applying to the case or particular demand.

When drafting a statement of facts as a trial brief or appellate brief, it is crucial that you write the statement in a compelling, coherent, and complete manner.

There are different techniques that you can use to produce great statements of facts, such as:

• Try to draft your statements in alignment with your case theory 
• Draft the facts in such a way that you implicitly tell your story 
• Don’t leave important pieces of factual information out of your brief even if it’s not favorable for your case 
• Do not try to deceive the judge 
• Do not use overdramatizing language 
• Make your “story” as interesting as possible 
• Try to use specific and descriptive terms 
• Make sure that your factual account is consistent with past statements 

There are also statement of facts guides and checklists that you can use to help you draft a legal brief.

Statement of Facts Example

To better illustrate the point, let’s look at a statement of fact example to see how it works.

Example 1: Shipping 

Although a statement of fact (or SoF) can be used in many situations, one use case is in the shipping industry.

In shipping, a statement of facts refers to a report of chronological events in a ship’s stay in a particular port intended to calculate the ship’s lay time.

Typically, the person making the factual statements in the SoF will use a standard form to this end.

In shipping, the state of facts is often written by the port agent or the shipmaster and can include:

• The ship’s arrival time
• The ship’s departure time
• The ship’s time at the berth 
• Time when cargo is loaded
• Time when cargo is unloaded 
• Weather conditions 
• Use of tugboats 

Example 2: Legal Briefs

Another example of when a statement of fact is used is in the context of legal briefs filed in court appeal procedures.

Generally, the statement of fact is used to present the factual background of the legal proceeding to the appeals judge (and the Appellate Court), and can include:

• The sequence of events in the prior proceedings 
• Any particular difficulties the appealing party encountered during the prior court proceedings
• Any problems encountered with the jury 
• The manner evidence was handled 
• The manner the jury was instructed 

The objective is to relate to the appellate court the facts based on which the appealing lawyer believes that he or she can successfully win the appeal.

The legal brief does not necessarily have to be filed before the appeals court, it can be filed before any judicial instance.

Here is an example of a statement of material and undisputed facts presented by a defendant before the Supreme Court of the State of New York, in the County of New York, as you can see published on the NYCourts.gov website:

This is a statement of material and undisputed facts in support of the defendant’s motion for summary judgment.

Example 3: Vehicle Registration

There are many instances where you will need to complete a “statement of facts”.

One instance when a factS statement can be required is when you are dealing with your vehicle registration.

As you can see here, the Department of Motor Vehicles of the State of California has published its DMV Statement of Facts (Reg 256) that looks like:

In the DMV Statement of Facts, the factual information needed are grouped into the following categories:

• Statement for use tax exemption
• Statement for smog exemption 
• Statement for transfer only or title only
• Window decal for wheelchair lift or wheelchair carrier 
• Statement for vehicle body change 
• Name statement 
• Statement of facts 
• Applicant’s signature 

At the end of the form, you have a field relating to the statement of facts:

As you can see on this form, by signing the form, you are certifying that the facts you are providing are true under penalty of perjury under the laws of the State of California and you are stating that the information is “true and correct”.

Statement of Facts Form

There are times when a statement of fact is completed the same way a form is completed.

In a statement of fact form, you can expect to find:

• A series of questions 
• A field where you are required to answer the questions 
• Potentially a statement where you are asserting that the information you are providing is true 
• The date 
• Your signature 

For example, when you are required to complete a vehicle registration form, you are essentially filling out a statement of fact form with regards to your vehicle registration.

The form guides you as to what factual information is needed for the record and the authority to make a decision or to assess your application.

You can also find a form statement of fact in the shipping industry where the BIMCO statement of facts is used quite often.

However, you will not necessarily find a neat form all the time.

In law, there are many cases where a legal party will need to draft a statement of facts for the court in support of an application, petition, or another pleading document.

Preparing a statement of facts is not easy and can actually get quite complex depending on the nature of the legal demand.

Many will consult legal professionals such as a trial lawyer or a litigation lawyer to help them draft their fact statement in a complete, professional, and legally sound manner.

Statement of Fact Takeaways 

So, there you have it folks!

What is the statement of fact definition?

How do you write a statement of facts?

How does it work?

A statement of facts is a legal document where you outlined key factual information relevant for a case, application, or decision-making authority.

The reason why it’s called a “statement” of “fact” is that it is essentially that, it’s a statement that you make about facts.

In law, lawyers and legal professionals use different techniques to relate facts in their trial briefs of appellate briefs by writing statements that use persuasion techniques, storytelling techniques, and have an interplay between the facts and the law.

The statement of fact is not just used in law but can be found in many areas such as vehicle registration, matriculating in school, applying for a credit card, getting a loan, or others.

Let’s look at a summary of our findings.

Statement of Facts Meaning

If you enjoyed this article on the Statement of Fact meaning , I recommend you look into the following legal terms and concepts. Enjoy!

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C.A.S. v. M.W. and M.S., 2020 ONSC 1847 (CanLII) [1]

[51] On a status review, the task of the court is to assess what, if anything, has changed since the making of the prior final order. A status review hearing is not a re-hearing of the original protection application. C.C.A.S. of Toronto v. M.(C.), 1994 CanLII 83 (SCC), 1994 CarswellOnt 376 (S.C.C.), [1994] S.C.J. No. 37 at paragraphs 35 – 37. [2] Issues related to the original hearing are res judicata.

[52] A consent order that ends an action is of the same effect as a judgment of a court following a trial or hearing, for the purpose of the doctrine of res judicata. C.A.S. of London and Middlesex v. B.(C.C.), [2007] CanLII 66699 at para. 48.

[53] Prior court orders, reasons for decision, and statements of agreed facts are admissible in subsequent court proceedings. A court can take judicial notice of other court orders. Attorney General of B.C. v. Malik, 2011 SCC 18, 2011 CarswellBC 923 at para. 38 [3] ; Children’s Aid Society of Toronto v. I.H., 2017 ONCJ 760 at para. 35 - 58. [4] Statements of agreed facts are admissions, which are an exception to the hearsay rule.

[54] The mother argues that, on the motion for summary judgment, the court should not have relied upon the statement of agreed facts dated November 1, 2016 because the order was made in her absence and the statement was not signed by her. In her factum, she says that she attended court later that day but was told by society counsel that it was too late.

[55] The mother’s affidavit materials are not consistent on this issue. In one paragraph of an affidavit she states that she attended court at 11:00 a.m. on November 1, 2016; in another, she states that she attended at 2:00 p.m. that day. She also states elsewhere that she moved her residence that day.

[56] The mother had been personally ordered to attend court on November 1, 2016, having missed two prior court appearances, failing which her pleadings would be struck. When she did not attend, her pleadings were struck, and she was noted in default.

[57] Were the mother not in agreement with the final order made on November 1, 2016, finding the child in need of protection and placing the child in her father’s care for six-months under supervisions, she should have taken steps at that time. The mother did not bring a motion to set the order aside nor did she appeal it. The statement of agreed facts was signed by the society and the father. The motions judge made no error in relying on the facts set out in the statement of agreed facts in her decision on the motion for summary judgment.

[1] [2] [3] [4]

• ↑ 1.0 1.1 C.A.S. v. M.W. and M.S., 2020 ONSC 1847 (CanLII), < https://canlii.ca/t/j61x2 >, retrieved on 2021-11-17
• ↑ 2.0 2.1 Catholic Children's Aid Society of Metropolitan Toronto v. M. (C.), 1994 CanLII 83 (SCC), [1994] 2 SCR 165, < https://canlii.ca/t/1frt7 >, retrieved on 2021-11-17
• ↑ 3.0 3.1 British Columbia (Attorney General) v. Malik, 2011 SCC 18 (CanLII), [2011] 1 SCR 657, < https://canlii.ca/t/fl3z6 >, retrieved on 2021-11-17
• ↑ 4.0 4.1 Children’s Aid Society of Toronto v. I.H., 2017 ONCJ 760 (CanLII), < https://canlii.ca/t/hnl6c >, retrieved on 2021-11-17
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Pre-Trial Brief in civil cases

Published 9 October 2023, The Daily Tribune In a previous article , we discussed the Supreme Court decision in Government of the Kingdom of Belgium v. Court of Appeals (G.R. 164150, 14 April 2008), which laid down the guidelines for confronting the issue of non-filing of the Appellant’s Brief. In this article, we discuss the issue of non-filing of Pre-Trial Briefs in civil cases.

In civil cases, Section 6, Rule 18 of the Revised Rules of Civil Procedure mandates that parties shall file with the court and serve on the adverse party their pre-trial briefs at least three days before the scheduled pre-trial.

As required under the Rules, the pre-trial brief must contain, among others:

(a) A concise statement of the case and the reliefs prayed for;

(b) A summary of admitted facts and proposed stipulation of facts;

(c) The main factual and legal issues to be tried or resolved;

(d) The propriety of referral of factual issues to commissioners;

(e) The documents or other object evidence to be marked, stating the purpose thereof;

(f) The names of the witnesses and the summary of their respective testimonies; and

(g) A brief statement of points of law and citation of authorities.

Section 6, Rule 18 also provides that failure to file the pre-trial brief shall have the same effect as failure to appear at the pre-trial. Hence, if the party who failed to file a pre-trial brief is the plaintiff, then he or she may be declared non-suited, and their case may be dismissed; meanwhile, if the party who failed to file a pre-trial brief is the defendant, then the plaintiff may be allowed to present his evidence ex parte and the court to render judgment on the basis thereof.

The pre-trial brief serves as a guide during the pre-trial conference so as to simplify, abbreviate, and expedite the trial. If not, indeed, to dispense with it. It is essential to the speedy disposition of disputes, and parties cannot brush it aside as a mere technicality. (Tiu v. Middleton, G.R. 134998, 19 July 1999)

Considering the purposes of a pre-trial brief, if a party is allowed to serve the brief at any time after the scheduled pre-trial or on the date of the pre-trial, the purposes of the procedure is defeated as the parties will not be given sufficient time to study the proposals of the adverse party and to decide whether or not to accept the same. (Ramos v. Spouses Alvendia, G.R. 176706, 08 October 2008)

It must be noted, however, that the dismissal of a complaint for failure to file a pre-trial brief is discretionary on the part of the trial court. If the trial court has the discretion to dismiss the case because of the plaintiff’s failure to appear at pre-trial, then the trial court also has the discretion to dismiss the case because the plaintiff failed to file the pre-trial brief. Moreover, whether an order of dismissal should be maintained under the circumstances of a particular case or whether it should be set aside depends on the sound discretion of the trial court (Republic v. Oleta, G.R. 156606, 17 August 2007)

In the case of Suico v. Hon. Lagura-Yap (G.R. 177711, 5 September 2012), the Supreme Court, ruling on the issue of failure of a party to file a pre-trial brief, applied the following guidelines which may justify the suspension of strict adherence to procedural rules: (a) matters of life, liberty, honor or property; (b) the existence of special or compelling circumstances; (c) the merits of the case; (d) a cause not entirely attributable to the fault or negligence of the party favored by the suspension of the rules; (e) a lack of any showing that the review sought is merely frivolous and dilatory; and (f) the fact that the other party will not be unjustly prejudiced thereby.

However, the Supreme Court reminded that concomitant to a liberal application of the rules of procedure should be an effort on the part of the party invoking liberality to at least explain its failure to comply with the rules. The Supreme Court further reminded members of the bar that their first duty is to comply with the rules of procedure rather than seek exceptions as loopholes.

Indeed, pre-trial rules are not to be belittled or dismissed because their non-observance may result in prejudice to a party’s substantive rights. Like all rules, they should be followed except for the most persuasive reasons when they may be relaxed to relieve a litigant of an injustice not commensurate with the degree of his thought[less]ness in not complying with the procedure. (Saguid v. Court of Appeals, G.R. . 150611, 10 June 2003).

For more of Dean Nilo Divina’s legal tidbits, please visit  www.divinalaw.com . For comments and questions, please send an email to  [email protected] .   

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Should you have questions or concerns about Data Privacy, you may contact our Data Protection Officer thru:  [email protected] .

DivinaLaw hereby reserves the right to amend this Privacy Statement to comply with government and regulatory requirements, to adapt to new technologies, to align with industry practices, or for other legitimate purposes. Rest assured that you will be notified if the amendments are significant.

Date: 4 April 2018

Watch CBS News

Is Trump's $175 million civil fraud bond valid in New York?

By Katrina Kaufman

Updated on: April 4, 2024 / 4:18 PM EDT / CBS News

When former President Donald Trump posted a $175 million bond in New York on Monday, it appeared that he had evaded a financial crisis. He had paused enforcement of the more than $460 million judgment against him following a civil fraud trial , while his appeal is pending. 

But the surety bond was missing vital information typically included in those filings, experts say. These standard elements include documents related to power of attorney for the bond provider, Knight Specialty Insurance Company, a financial statement from the company and a certificate of qualification from the Department of Financial Services.  

New York Attorney General Letitia James indicated in a filing Thursday, after the original publication of this story, that she, too, has concerns about the bond.

James took "exception to the sufficiency of the surety" given by Trump and the other defendants. She objected to the fact that the bond was issued by a company that is not an admitted carrier in New York, and lacks the certificate of qualification required by New York Insurance Law Section 1111. 

Trump attorney Christopher Kise on Thursday alleged James' filing was  "another witch hunt" and accused her office of "hiding out in silence" after an appellate court reduced the defendants' bond from more than $464 million to $175 million.

"The Attorney General now seeks to stir up some equally baseless public quarrel in a desperate effort to regain relevance," Kise said.

Within 10 days, Trump or the company must file a motion to "justify" the bond, meaning Knight must prove that it is financially capable of paying the bond.

"There seem to be serious issues," said Bruce H. Lederman, an attorney who has filed many bonds in New York, including for a real estate developer challenging a judgment. Lederman said he was struck by "glaring errors" in the bond.

"In all the years I've been doing this, you always have to have a certificate from the Department of Financial Services saying that you're licensed to issue a surety bond," he said, referring to the missing certificate of qualification. 

Lederman also noticed that Knight Specialty is not listed on New York's Department of Financial Services website. 

The company refiled its posting, as directed by the New York Supreme Court clerk, after CBS News published its report on Thursday and before James' took exception to the bond.  

On Wednesday, the clerk's office had returned to Trump's attorneys the bond filing "for correction." There was no reason publicly specified in the request.

Adam Pollock, a former assistant attorney general in New York, said, "This bond is deficient for a number of reasons." 

"Including that the company doesn't appear to be licensed in New York and doesn't appear to have enough capital to make this undertaking," Pollock said.

Knight Specialty is not licensed in New York to issue surety bonds, and Lederman noted the company's absence from the Department of Financial Services database. But the company contends it is nevertheless authorized to issue the bond.

The company also does not appear to meet a restriction under New York insurance law barring companies from putting more than 10% of its capital at risk.

Amit Shah, the president of Knight Insurance, said the restriction does not apply. He said Knight has over $1 billion in equity.

"Knight Specialty Insurance Company is not a New York domestic insurer, and New York surplus lines insurance laws do not regulate the solvency of non-New York excess lines insurers," he said. "So we don't believe we need the 10% surplus." 

The billionaire behind Trump's bond is Don Hankey , the chairman of Knight Insurance, which owns the subsidiary that wrote the bond. 

Hankey said that Trump used "cash" as collateral for the bond, a total of $175 million. 

"First he furnished about $120 million worth of bonds that we OK'd, so we assumed it would be investment-grade bonds and cash. But as it turned out, it was all cash," he told CBS News in a brief phone call on Tuesday. 

But Trump retained that $175 million cash collateral, according to Shah. He said the money is in an account that is "pledged" to the company. He would not specify the type of account. Trump paid a premium to the company that Shah declined to disclose. 

"It seems to me that the underlying case is about the [New York] attorney general requiring strict compliance with the law," said Lederman. 

"The law requires an insurance company posting a surety bond to be authorized in New York," he said. "And there are serious questions about if this bond was properly posted."

Under a New York law known as CPLR 2502, an "insurance company [shall be] authorized to execute the undertaking within the state." 

When CBS News asked Hankey about Knight Specialty's authorization to issue bonds in New York, the company's net worth and potential deficiencies in the bond filing for Trump, he deferred to Knight's president: "I'm chairman of that company. I've got several other companies that I own. Amit Shah would be the person to talk to."

Shah explained that the company is authorized to issue a surety bond in New York through the Excess Line Association of New York (ELANY). He said the company is approved by ELANY to issue bonds from its home domicile state of Delaware, where it is allowed to write surety bonds. 

"Our position is we're compliant," said Shah. 

Knight's compliance officer, Mike Pepitone, said that there are a number of insurance companies that do not hold a license in every state, but a company is able to write a bond in other states where they are not licensed on what he said is called "an excess and surplus lines basis."

"For court bonds, as regulated by the CPLR, the law is clear about in-state license requirement," said Pollock, who noted that there are surety bonds used in other industries like construction that would not be subject to that rule.

Shah initially said that the company had in fact submitted a financial statement with the bond. In its initial bond filing, Pepitone said the financial statement was not supposed to be included, but later, in its updated bond filing Thursday, the company shared its financial statement.

If Knight Specialty does not have Trump's cash collateral for the bond in its possession, Lederman questioned whether the company "could or would pay immediately" if Trump loses his appeal. Lederman said James should investigate to determine if the company is in compliance with state law requirements.

"The attorney general would have ample grounds to push back here," said Pollock.

The New York Attorney General's office declined to comment. But Lederman said, "The attorney general is now requiring Trump to follow the law and have the court approve the bond because as filed, the bond is not acceptable."

Knight's updated filing included a financial statement showing that the company's surplus to policyholders is $1 billion and a joint limited power of attorney signed by Hankey and Shah.

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Every generation deserves a fair, healthy future – from kids, to parents, to grandparents. It’s why we’re supporting families, one of the many things that we are doing in Budget 2024 to build an economy that helps every generation get ahead.

Children deserve to have the best start in life. But today, nearly one in four children in Canada do not get enough food. That impacts their health and their opportunities to learn and grow. Higher grocery prices are making it hard for parents to afford to put enough good, healthy food on the table. Study after study has shown that when kids eat well, they do better in school. And when kids do well, that sets them up for success. Everyone deserves a fair shot at success, and we believe that fairness means we support each other at every stage of life – and that starts from childhood.

That’s why we’ve made generational investments like the Canada Child Benefit, which provides families with up to nearly $8,000 per child, per year, to provide the essentials their kids need. And since 2015, 650,000 children have been lifted out of poverty, meaning Canada’s child poverty rate has fallen by more than half.

And when it comes to helping kids, especially vulnerable kids, we’re going to keep going.

The Prime Minister, Justin Trudeau, today announced a new National School Food Program . With an investment of $1 billion over five years, the Program, included in Budget 2024, will launch with a target of providing meals to 400,000 more kids every year, beyond those served by existing school food programs. For moms and dads, it will mean the peace of mind that your kids are taken care of and do not go hungry. For kids, it will mean healthy meals – helping them learn, grow, and reach their full potential. This is a generational investment in the future of our kids, and we’re going to work with provinces and territories and Indigenous partners to ensure every child has the food they need.

The Program will be a safety net for the kids who need this support the most. The lack of access to food disproportionately impacts children from lower-income families and from racialized and Indigenous communities. With this program, we’re getting healthy food on the plates of growing kids.

This includes investments for First Nations, Inuit, and Métis communities as well as Self-Governing and Modern Treaty partners, many of whom have some of the highest rates of food insecurity in Canada. Investments will also support capacity building and engagement with Indigenous partners to co-develop culturally appropriate solutions. These partnerships will aim to tackle food insecurity by advancing Indigenous-led solutions and will further our work on reconciliation.

The new National School Food Program will also help provinces, territories, and Indigenous partners expand their existing school food programs to make sure more children across the country can enjoy the healthy meals they need. The Program is good for parents and kids, and it’s good for the economy as well. It will help take pressure off of families and invest directly in the future of our kids, while improving children’s health, education, and well-being.

Last week, we announced measures to protect renters and create more affordable child care spaces. This is on top of our actions to improve health care and dental care, strengthen pensions, and increase access to medications – making sure that, no matter your background or income, you have what you need to be healthy. We all depend on Canada’s future success. And Canada’s success depends on the youngest generations being healthy, doing well, and being set up to succeed.

“The National School Food Program is a game changer. The Program will take pressure off of families, invest directly in the future of our kids, and make sure they’re able to reach their full potential – feeling healthy and happy. This is about fairness and doing what’s right for our kids to get the best start in life.” The Rt. Hon. Justin Trudeau, Prime Minister of Canada

“Since 2015, we’ve reduced child poverty from 16.3 per cent to just 6.4 per cent in 2021 – lifting 650,000 kids out of poverty. Today, the rising price of groceries is making it tough for families, especially Millennial parents, to afford the food their kids need. To make sure every kid gets their fair chance at a great start in life, we’re launching a $1 billion National School Food Program to help another 400,000 kids get the food they need to thrive.” The Hon. Chrystia Freeland, Deputy Prime Minister and Minister of Finance

“We’re creating a National School Food Program because kids learn better on a full stomach. This Program will have an incredible impact, supporting parents with the higher cost of groceries, and giving children every opportunity to learn, grow, and reach their full potential.” The Hon. Jenna Sudds, Minister of Families, Children and Social Development

Quick Facts

• The Government of Canada’s Budget 2024 will be tabled in the House of Commons by the Deputy Prime Minister and Minister of Finance on Tuesday, April 16, 2024.
• Restore generational fairness for renters, particularly Millennials and Gen Z, by taking new action to protect renters’ rights and unlock pathways for them to become homeowners.
• Save money for more families and help more moms return to their careers by building more affordable child care spaces and providing training to early childhood educators across Canada.
• Nearly one in four children do not get enough food, and that has a real impact on their opportunities to learn and grow. According to studies, students who consistently consumed a nutritious breakfast attained higher grades in reading, math, and science compared to their peers who seldom or never did.
• reducing hunger, food insecurity, and health inequities;
• supporting students’ attendance, academic outcomes, and achievement;
• supporting families by reducing food costs and the time required to prepare school lunches; and,
• supporting local farmers, local economies, as well as sustainable food systems and practices.
• Giving families more money through the Canada Child Benefit to help with the costs of raising children and make a real difference in the lives of kids in Canada. The Canada Child Benefit, which is providing up to $7,437 per child in 2023-24, is indexed annually to keep up with the cost of living and has helped lift more than half a million children out of poverty since its launch in 2016.
• Delivering an early learning and child care system across all provinces and territories, which has already cut fees for regulated child care to an average of $10-a-day or less in over half of all provinces and territories, and by 50 per cent or more in all others.
• Improving access to dental health care for children under the age of 12 through the Canada Dental Benefit , and soon for children under 18 with the Canadian Dental Care Plan , because no one should have to choose between taking care of their kids’ teeth and putting food on the table.

Fact Check: Did Joe Biden Create Transgender Day of Visibility on Easter?

P resident Joe Biden earned the ire of conservatives and a famous transgender woman, Caitlyn Jenner, when he issued a proclamation recognizing the Transgender Day of Visibility (TDoV).

"Today, we send a message to all transgender Americans: You are loved. You are heard. You are understood. You belong. You are America, and my entire Administration and I have your back," the president said in a statement released on Friday.

The message angered a number of conservatives as TDoV fell on March 31, the same day as the heterodox Christian Easter. Orthodox Easter this year falls on May 5.

A number of conservatives said that Biden had hijacked a holy holiday to support transgender people.

Jenner, an Olympic decathlete champion and reality TV star, who publicly came out as a transgender woman in 2015, took to X, formerly Twitter, to slam Biden's message of support to transgender people , suggesting that he created TDoV to be held on the "most Holy of Holy days."

"I am absolutely disgusted that Joe Biden has declared the most Holy of Holy days - a self proclaimed devout Catholic - as Transgender Day of Visibility. The only thing you should be declaring on this day is 'HE is Risen'," she wrote.

TDoV was created in 2009 to "celebrate the lives and contributions of trans people, while also drawing attention to the poverty, discrimination, and violence the community faces," according to LGBTQ+ media advocacy group, GLAAD.

It was first celebrated on March 31, which has remained the date of commemoration for the past 15 years.

Michigan-based transgender activist, Rachel Crandall-Crocker, created TDoV and reflected on how it had become a global day of recognition since 2009.

"It really is amazing how far it has come," she told NPR on March 30 . "I wasn't expecting to start an international movement."

"I wanted a day that we could focus on the living. And where we could have rallies all as one community all the way around the world."

Crandall-Crocker also explained why she specifically chose March 31 as TDoV, which was to ensure there was enough distance between it and Transgender Day of Remembrance on November 20 and LGBTQ+ Pride Month in June.

Non-Orthodox Christians use the Gregorian calendar to determine the dates for movable feasts, such as Easter. As a result, Easter usually falls between March 22 and April 25 every year and is celebrated on the first Sunday after the full moon on or following the spring equinox. Orthodox Christians observe the Julian calendar.

Biden was the first U.S. President to proclaim March 31 as the official day of transgender visibility when he did so in 2021.

"Transgender Day of Visibility recognizes the generations of struggle, activism, and courage that have brought our country closer to full equality for transgender and gender non-binary people in the United States and around the world," he said in a public statement at the time.

Biden added: "In spite of our progress in advancing civil rights for LGBTQ+ Americans, too many transgender people—adults and youth alike—still face systemic barriers to freedom and equality."

This year, along with recognizing TDoV, the president also sent out a separate message to mark the Easter holiday.

"Jill [Biden, the First Lady] and I send our warmest wishes to Christians around the world celebrating Easter Sunday. Easter reminds us of the power of hope and the promise of Christ's Resurrection," he said in a statement.

"As we gather with loved ones, we remember Jesus' sacrifice. We pray for one another and cherish the blessing of the dawn of new possibilities. And with wars and conflict taking a toll on innocent lives around the world, we renew our commitment to work for peace, security, and dignity for all people.

"From our family to yours, happy Easter and may God bless you."

While Biden did officially acknowledge March 31 to be TDoV, he also did so in 2021 when Easter fell on April 4 that year.

The day was set by a Michigan-based advocate to raise awareness of the plight of transgender people and to celebrate their achievements.

The first TDoV was celebrated in 2009 when Easter occurred on April 12. Since then, the two dates coincided only twice: in 2013 and in 2024.

Biden did not invent TDoV, nor set the date to deliberately clash with Easter, which is on a different date every year.

FACT CHECK BY NEWSWEEK

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Biden Proclaimed Easter Sunday as Transgender Day of Visibility?

It is possible for two things to happen on one day., nur ibrahim, published april 1, 2024.

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Biden issued a proclamation naming March 31, 2024, the Transgender Day of Visibility (TDOV). He issued the same proclamation on the same date, March 31, every year since 2021. In 2024, the date happened to coincide with Easter Sunday, a moveable holiday that shifts dates annually based on the spring equinox.

On March 29, 2024, U.S. President Joe Biden issued a proclamation declaring March 31, 2024, the Transgender Day of Visibility — that is, he formally recognized the day as one to dedicated to celebrating the transgender community. The day also happened to be Easter Sunday.

Numerous anti-Biden  media outlets , internet commentators and pundits claimed Biden committed " blasphemy " by issuing the Transgender Day of Visibility proclamation on Easter Sunday. For instance, former U.S. President Donald Trump's campaign said in a statement , "It is appalling and insulting that Joe Biden's White House […] formally proclaimed Easter Sunday as 'Trans Day of Visibility." 

Donald Trump Jr. also tweeted : "They want people worshipping the trans flag instead of god." 

The above statements were misleading. While they referenced a genuine document from the White House, people started recognizing Transgender Day of Visibility annually on March 31 since at least 2010 — including Biden, who has been issuing such proclamations as president since 2021 . The date for Easter Sunday, however, shifts each year. It  falls on the first Sunday after the first full moon that follows the spring equinox, according to long-standing Christian tradition.

In addition to the Transgender Day of Visibility proclamation, Biden is a devout Catholic and has frequently spoken publicly about his faith. On Easter Sunday 2024, he issued this  statement : "Jill and I send our warmest wishes to Christians around the world celebrating Easter Sunday. Easter reminds us of the power of hope and the promise of Christ's Resurrection." 

The overlap of Easter and the Transgender Day of Visibility (TDOV) in 2024 was entirely coincidental. There was no evidence of a Biden-led effort to make sure Easter fell on the same day as TDOV so he could recognize the latter over the former. We reached out to the White House asking for its response to that claim, and we will update this report when, or if, it answers us.

Biden's official White House statement  with the proclamation, released on March 29, 2024, said: 

Today, we send a message to all transgender Americans:  You are loved.  You are heard.  You are understood.  You belong.  You are America, and my entire Administration and I have your back. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim March 31, 2024, as Transgender Day of Visibility.  I call upon all Americans to join us in lifting up the lives and voices of transgender people throughout our Nation and to work toward eliminating violence and discrimination based on gender identity.

The statement did not claim to replace Easter Sunday with TDOV, nor serve as a proclamation combining the two occasions to take place on the same date in the future.

According to the Gay & Lesbian Alliance Against Defamation (GLAAD), a media-monitoring organization, Rachel Crandall, a trans activist, established the first International Transgender Day of Visibility on March 31, 2010 to celebrate the lives of transgender people when most media stories focused on violence against them.

Biden's March 29 announcement was not unusual. His administration acknowledged the same day in prior years, as seen in a March 30, 2023, White House document.

As for the date of Easter, the BBC noted, the day is designated based on the ecclesiastical (meaning "of the Church") full moon — that is, it's not calculated in the way astronomers would do it. When picking the date, the church considers the spring equinox always to occur on March 21, according to the BBC.

According to the  United States Conference of Catholic Bishops , Easter Sunday will be on April 20 in 2025. 

We also reported on a false rumor that Biden banned "religious symbols" and "overtly religious themes" from an Easter egg art contest connected to the White House.

"A Proclamation on Transgender Day of Visibility." The White House, 30 March 2023, https://www.whitehouse.gov/briefing-room/presidential-actions/2023/03/30/a-proclamation-on-transgender-day-of-visibility/. Accessed 1 Apr. 2024.

"A Proclamation on Transgender Day of Visibility, 2024." The White House, 29 March 2024, https://www.whitehouse.gov/briefing-room/presidential-actions/2024/03/29/a-proclamation-on-transgender-day-of-visibility-2024/. Accessed 1 Apr. 2024.

"A Proclamation on Transgender Day Of Visibility, 2021."  The White House , 31 March 2021, https://www.whitehouse.gov/briefing-room/presidential-actions/2021/03/31/a-proclamation-on-transgender-day-of-visibility-2021/. Accessed 1 Apr. 2024.

Knudsen, Hannah. "'Gross and Evil': Biden White House Disrespects Easter." Breitbart, 30 March 2024, https://www.breitbart.com/politics/2024/03/30/gross-evil-biden-white-house-disrespects-easter/. Accessed 1 Apr. 2024.

"Liturgical Calendar for the Dioceses of the United States of America 2025." United States Conference of Catholic Bishops, https://www.usccb.org/resources/2025cal.pdf. Accessed 1 Apr. 2024.

"Statement from President Joe Biden on Easter." The White House, 31 March 2024, https://www.whitehouse.gov/briefing-room/statements-releases/2024/03/31/statement-from-president-joe-biden-on-easter-2/. Accessed 1 Apr. 2024.

Waldenberg, Samantha. "Republicans Slam Biden for Proclaiming Transgender Day of Visibility on Easter, Though It's Yearly Observed on March 31 | CNN Politics." CNN, 30 March 2024, https://www.cnn.com/2024/03/30/politics/easter-trans-day-visibility-trump-biden-johnson/index.html. Accessed 1 Apr. 2024.

Wang, Amy B. "Trump Falsely Attacks Biden over Easter Coinciding with Transgender Day of Visibility." Washington Post, 1 Apr. 2024. www.washingtonpost.com, https://www.washingtonpost.com/politics/2024/03/31/trump-biden-easter-transgender-day/. Accessed 1 Apr. 2024.

"Why Does the Date of Easter Move Around?" BBC Bitesize, https://www.bbc.co.uk/bitesize/articles/zn2njhv. Accessed 1 Apr. 2024.  

By Nur Ibrahim

Nur Nasreen Ibrahim is a reporter with experience working in television, international news coverage, fact checking, and creative writing.

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Governor Newsom Announces Contract to Install 480 New High-Tech Cameras in East Bay to Improve Public Safety

Published: Mar 29, 2024

WHAT YOU NEED TO KNOW: California is installing a network of 480 high-tech cameras in Oakland and the East Bay to aid law enforcement in identifying vehicles linked to crimes using real-time information and alerts.

OAKLAND — Building on public safety investments in Oakland and the East Bay, Governor Gavin Newsom today announced the California Highway Patrol (CHP) has entered into a contract with Flock Safety to install a network of approximately 480 high-tech cameras in the City of Oakland and on state freeways in the East Bay to combat criminal activity and freeway violence. The camera network will use a patented technology that allows law enforcement agencies to identify vehicle attributes beyond license plate numbers, enabling the CHP, the Oakland Police Department, and allied agencies to search for vehicles suspected to be linked to crimes and receive real-time alerts about their movement.

WHAT GOVERNOR NEWSOM SAID: “This investment marks another step forward in our commitment to bolstering public safety and tackling organized crime and roadway violence in Oakland and across California. With the installation of this 480 high-tech camera network, we’re equipping law enforcement with the tools they need to effectively combat criminal activity and hold perpetrators accountable — building safer, stronger communities for all Californians.”

“Improving public safety and addressing quality of life issues in Oakland is my top priority,” said Oakland Mayor Sheng Thao. “ This new camera network will help us stop crime and hold more suspects accountable. On behalf of all Oaklanders, I want to thank the Governor and the California Highway Patrol for their ongoing commitment and investments in the city.”

“Working alongside all our law enforcement partners, the California Highway Patrol is committed to ensuring the safety and security of all Californians,” said CHP Commissioner Sean Duryee . “These sophisticated cameras will make an important difference — and make the entire East Bay region safer.”

Governor Newsom Announces Flock Cameras in Oakland

The partnership with the city will result in the deployment of approximately 480 crime-fighting cameras. 290 of the cameras are expected to be deployed on and around surface streets in the City of Oakland and 190 cameras will be deployed along state highways in the East Bay. The camera network allows for improved vehicle recognition, enabling law enforcement to search for crime-linked vehicles by vehicle type, make, color, license plate state, missing/covered plates, and other unique features (e.g., bumper stickers, decals, and roof racks). The system also enables real-time crime alerts, alerting authorities when a suspected crime-linked vehicle is spotted by the network.

The cameras will assist law enforcement in addressing crime while protecting privacy interests — improving public safety while balancing privacy protections. The network will employ a limited 28-day retention period, camera footage will not be disclosed to third parties beyond California law enforcement, and the network will be compliant with recent legal bulletins issued by the California Department of Justice to ensure the storage, collection, sharing, and use of the data is consistent with California law.

HOW WE GOT HERE: Today’s announcement builds on Governor Newsom’s efforts to improve public safety in the East Bay, including through a temporary CHP surge operation and increased enforcement focused on combating auto theft, cargo theft, retail crime, violent crime, and high-visibility traffic enforcement, which has resulted in the recent arrests of approximately 200 suspects and recovery of 400 stolen vehicles. In addition to increasing CHP’s presence, last month the Governor also announced a new partnership between the Governor’s Office, the California Department of Justice, the California National Guard, the California Highway Patrol, and the Alameda County District Attorney’s Office (ACDAO) that will result in the deployment of attorneys and resources to boost law enforcement capacity to investigate, analyze, and prosecute suspects in violent, property, and serious drug-related crimes.

INVESTING IN OAKLAND: The Governor recently released Caltrans’ 10-Point Action Plan in support of the city’s efforts to improve street safety and beautification. The comprehensive plan outlines actionable steps the state is taking to further support the city through blight abatement efforts, homeless encampment resolutions, community outreach initiatives, employment opportunities, and other beautification and safety efforts. A detailed overview of the state’s investments in Oakland and Alameda County is available here .

FIGHTING CRIME: California has invested $1.1 billion since 2019 to fight crime, help locals hire more police, and improve public safety. Earlier this year, Governor Newsom called for new legislation to expand criminal penalties and bolster police and prosecutorial tools to combat theft and take down professional criminals who profit from smash and grabs, retail theft, and car burglaries. In 2023, as part of California’s Real Public Safety Plan , the Governor announced the largest-ever investment to combat organized retail crime in state history, an annual 310% increase in proactive operations targeting organized retail crime, and special operations across the state to fight crime and improve public safety.

B-roll footage of CHP’s operations is available for download and use by the media here .

The history of Key Bridge, Baltimore’s engineering marvel of the 1970s

The Francis Scott Key Bridge in Baltimore partially collapsed into the Patapsco River early Tuesday after a freighter crashed into it. The steel-arched bridge was considered an engineering feat when it was built in the 1970s.

Here’s what to know about the 47-year-old bridge, its history and its significance.

Baltimore bridge collapse

How it happened: Baltimore’s Francis Scott Key Bridge collapsed after being hit by a cargo ship . The container ship lost power shortly before hitting the bridge, Maryland Gov. Wes Moore (D) said. Video shows the bridge collapse in under 40 seconds.

Victims: Divers have recovered the bodies of two construction workers , officials said. They were fathers, husbands and hard workers . A mayday call from the ship prompted first responders to shut down traffic on the four-lane bridge, saving lives.

Economic impact: The collapse of the bridge severed ocean links to the Port of Baltimore, which provides about 20,000 jobs to the area . See how the collapse will disrupt the supply of cars, coal and other goods .

Rebuilding: The bridge, built in the 1970s , will probably take years and cost hundreds of millions of dollars to rebuild , experts said.