A memorandum of fact and law (also referred to as a “factum”) can be understood as a party’s written submissions to the Court. The memorandum of fact and law must contain consecutively numbered paragraphs and be divided into 5 parts:
- Part I must include a concise statement of the relevant facts.
- Part II must state the points in issue (i.e. the points in contention that the Court will be asked to decide).
- Part III must include a concise statement of the party’s submissions (i.e. arguments).
- Part IV must include a concise statement of the order that the party seeks, including any order concerning the costs of the appeal.
- Part V must include a list of the authorities that the party intends to refer to.
The memorandum of fact and law cannot exceed 30 pages, excluding Part V. If a party wants to file a memorandum exceeding 30 pages, it must ask for the Court’s permission. Unless the party can provide a compelling reason, the Court will generally not grant an exception.
Last updated: November 4, 2015