Local Rule RULE 7056-1: Summary Judgment.

RULE 7056-1. Summary Judgment.

(a) Summary Judgment Motions. In addition to the following requirements, Mont. LBR 9013-1 and Mont. LBR 9013-2 shall apply to summary judgment motions, except for provisions dealing with the noticing of hearings. No hearings shall be held in connection with summary judgment motions unless ordered by the Court.

(1) Statement of Uncontroverted Facts. A separate, short, and concise "Statement of Uncontroverted Facts" must accompany every motion for summary judgment. Failure to submit this statement constitutes grounds for denial of the motion. The statement shall set forth each fact separately, in serial, not narrative form, and specify the specific portion of the record where the fact can be found (e.g., affidavit, deposition, etc.)

(2) Statement of Genuine Issues. Opposition to a motion for summary judgment, if any, must be filed within 14 days after the motion is served and must comply with Mont. LBR 9013-1. A separately identified, short, and concise "Statement of Genuine Issues," setting forth the opposing party's specific facts that establish a genuine issue of material fact precluding summary judgment in favor of the moving party, must be filed by the party opposing the motion together with an opposition brief.

(3) Reply Brief. A reply brief may be filed by the movant within 14 days after the opposition to the motion for summary judgment is served and must comply with Fed. R. Civ. P. 56.

(4) Facts Admitted. All material facts in the moving party's Statement of Uncontroverted Facts are deemed to be admitted unless controverted by a Statement of Genuine Issues filed by the opposing party.

(5) Time for Filing. Summary judgment motions must be filed by the date specified in the pretrial scheduling order.

(6) Stipulation. Alternatively, the parties may file a stipulation setting forth a "Statement of Stipulated Facts" with a representation that no genuine issues of material fact exist. Such stipulation is solely for the purpose of considering the summary judgment motion and is not otherwise binding.

(b) No Tolling. A summary judgment motion does not toll time requirements for filing a motion or answer pursuant to Fed. R. Bankr. P. 7012(b), or for complying with any other dates outlined in a pretrial scheduling order.

(c) Consideration by the Court. Nothing in this Local Rule shall require the Court to review portions of the record in response to a motion where the moving papers do not make specific reference to portions of the record. To expedite a decision and for other good cause, the Court may sua sponte, on notice to all parties, deny a motion before the expiration of the 14 days ordinarily permitted for filing opposition papers.

(d) Oral Arguments. Unless the Court orders otherwise, no formal hearing on a motion for summary judgment will be conducted, and the Court shall consider and rule upon the merits of any such motion upon the expiration of the reply deadline without oral arguments by the parties.

Related Authority: Fed. R. Bankr. P. 7012(b) and 7056 Fed. R. Civ. P. 56