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Statements of Proof Midland Funding LLC Case


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Would like to resolve some confusion regarding Statements of Proof:

1. Pre-hearing statement of proof:

My understanding is that this proof is usually required by Uniform Trial Court Rules 14 or so days prior to the trial/arbitration and calls for an itemized List of evidence to present and an exchange of documents, exhibits, evidence, testimony and the like to present to the the court at trial hopefully eliminating surprises and last minute ambush by records not seen before.

2. Statement of Proof (Statement of Facts)

Can anyone expand on this for me or provide a template of how to state required facts, or what goes in? What stays out?

  1. Are citings permitted?
  2. Do we just state facts or?
  3. Is this like a trial brief?
  4. Is there rules anywhere for the format and creation.
  5. How long in word count?

Would like to exchange some dialog on how to effectively craft one and how to use it's application to obtain best efforts and desired results.

Thanks all,

HP

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Here's a sample brief from the OR courts website. It contains a statement of facts. You've probably already seen this, but just in case:

http://courts.oregon.gov/OJD/docs/OSCA/acs/records/CivilCaseSampleAcceptableAppellantsOpeningBrief.pdf

Thanks,

I have seen that before but in my personal case I'm not that far along and hopefully my basis are covered so I won't have to appeal after arbitration.

Back to the "Statement of Proof". I guess that in a normal court case you would brief the court. In a credit card case you are required to provide a Pre-hearing statement of proof and then additionally a Statement of proof which is essentially a short and sweet trial brief? This is just going into arbitration which in Oregon is supposed to be same as Court (yeah sure).

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