Local Rule L.R. 7056: Motions for Summary Judgment.

L.R. 7056 - Motions for Summary Judgment. A. Motion for Summary Judgment. Consistent with Federal Rule of Civil Procedure 56(c), a motion for summary judgment must state with particularity, in separately numbered paragraphs, each material fact as to which the movant claims there is no genuine issue. Each such paragraph must reference the pleading, discovery, affidavit or document that supports such fact or explain why the adverse party cannot produce admissible evidence of the fact. If the motion requires consideration of facts not appearing in the record, the party must file all documentary evidence on which the party relies, including affidavits, as an attachment to the motion. The motion must not refer to material facts not presented as evidence in support of the motion. The motion must also state concisely the legal grounds on which relief should be granted.

B. Memorandum in Support. The moving party must file with each motion for summary judgment a memorandum in support of the motion, including citations to any authorities on which the party relies.

C. Responses. Consistent with Fed. R. Civ. P. 56(c), each party opposing a motion for summary judgment must file a response specifically admitting or denying each of the movant's factual statements. The response must include the reason for denial of any factual allegation and should be supported by reference to the pleadings, discovery, affidavits, or documents that support respondent's denial or explain why the materials cited by the movant do not establish the absence of a genuine dispute. The response must further list in numbered paragraphs any additional facts that remain in dispute and those facts should be supported by reference to the pleadings, discovery, affidavits, or documents that support the respondent's allegations. If any response requires consideration of facts not appearing in the record, the party must file with its response all documentary evidence on which the party relies, including affidavits, if applicable.

D. Memorandum in Opposition. The respondent must also file a memorandum in support of the response, including citations to authorities on which the respondent relies.

E. Response Time. The response and memorandum must be filed no later than twenty-one (21) days after the motion is served or a responsive pleading is due, whichever is later.

F. Page Limits. Absent leave of Court, no pleading or memorandum regarding summary judgment is to exceed fifteen (15) numbered pages, exclusive of the signature page and attachments.

G. Hearings. Motions for summary judgment will not ordinarily be set for hearing. The Court will only set such motions for hearing if the Court deems it appropriate.