Also known as: Statements of the Facts · statement of facts · Statement of Facts · SOF
Written by attorneys · grounded in primary & secondary sources — see below
A factual narrative presented in a legal document such as a brief, pleading, motion, or complaint that sets out the relevant events of a dispute in clear chronological or topical order. The section focuses on material facts without argument unless necessary to frame the issues. Courts emphasize its importance because judges often form initial impressions from how the facts are presented.
Spencer Silver told Samantha Stone that a commercial lot had stable soil conditions based on an old report. He omitted recent tests showing subsidence risk that would make the property unsuitable for her planned warehouse. Stone later discovered the omission after purchase and sued for nondisclosure. The court examined whether Silver's partial statement required him to reveal the new data to avoid misleading her.
Samuel Soto moved to dismiss his indictment after learning the grand jury selection process excluded eligible jurors from his neighborhood. His motion included a sworn statement of facts detailing the clerk's exclusion practices. The court reviewed the statement to decide whether a substantial failure to comply with selection statutes had occurred.
Select any source to read its text and confirm it supports the definition.
Sasha Stone filed a complaint alleging that two telecom firms agreed to divide markets. The statement of the facts described parallel pricing and shared consultants but contained no direct evidence of an agreement. The court assessed whether those facts plausibly suggested collusion rather than independent conduct.
Sterling Dynamics challenged a state ban on promotional advertising by electric utilities. Its statement of the facts explained that the ban prevented ads encouraging off-peak use that would improve plant efficiency. The court weighed those facts against the state's energy-conservation interest under the commercial-speech test.
Sarah Sullivan won a large verdict against Summit Bank for wrongful foreclosure. The bank asked the federal appeals court to reduce the award as excessive. The statement of the facts summarized the trial evidence of the bank's conduct and the plaintiff's losses. The court applied state-law standards while respecting federal limits on reexamining jury findings.
Solstice Ventures sued several insurers alleging a conspiracy to fix reinsurance terms that affected U.S. policyholders. The statement of the facts described meetings in London and the resulting higher premiums paid in California. The court considered whether those facts established sufficient effects on U.S. commerce to support jurisdiction.
It should present the crux of the client's position by weaving together key events and identifying logical relationships among them. The narrative should remain factual and avoid legal argument.
Supporting sources
Only procedural steps material to the questions argued or necessary for context should be included. Lengthy summaries of routine filings should be avoided so the human story appears early.
Supporting sources
Judges form early impressions from the facts and often find the factual presentation more influential than the legal argument itself.
Supporting sources
…rights of others. Moose Lodge v. Irvis , 407 U. S. 163 (1972); Sierra Club v. Morton , 405 U. S. 727 (1972). The Court's statement of facts in this case makes clear, however, that the record in no way indicates the presence of such a plaintiff. We know only that plaintiff Roe at the time of filing her complaint was a pregnant…