Local Rule LOCAL RULE 7056-1: SUMMARY JUDGMENT
Bankr. M.D.N.C. — Civil rule
LOCAL RULE 7056-1 SUMMARY JUDGMENT
(a) Time for Filing of Motion.
A motion for summary judgment must be filed in accordance with the deadlines set forth in the pre-trial order in the case or proceeding.
(b) Brief or Memorandum of Law in Support and Statement of Undisputed Material Facts.
Each motion for summary judgment must be accompanied by (1) a brief or memorandum of law in support of the motion, and (2) a separate and concise "Statement of Undisputed Material Facts." Each fact in a Statement of Undisputed Material Facts must be set forth in a separately numbered paragraph and must be supported by reference to the particular portions of the record relied upon to establish that fact. Pertinent excerpts of evidentiary documents cited must be filed contemporaneously with the motion.
(c) Brief or Memorandum of Law in Opposition and Statement of Disputed Material Facts.
Within 21 days after service of a motion for summary judgment, a party opposing such motion must file and serve (1) a brief or memorandum of law in opposition to the motion, and (2) a separate and concise "Statement of Disputed Material Facts." Each fact in a Statement of Disputed Material Facts must be set forth in a separately numbered paragraph that corresponds to the numbered paragraph in the movant's Statement of Undisputed Material Facts and must be supported by reference to the place in the record that supports the existence of a genuine dispute of such fact. Pertinent excerpts of evidentiary documents cited must be filed contemporaneously with the response. All facts set forth in a movant's Statement of Undisputed Material Facts will be deemed admitted for the purpose of a motion for summary judgment unless specifically controverted by the opposing party in a Statement of Disputed Material Facts.
(d) Brief or Memorandum of Law in Reply.
A brief or memorandum of law in reply may be filed and served within 14 days after service of a brief or memorandum of law in opposition.
(e) Limitations on Length of Briefs and Memorandum of Law.
Each brief or memorandum of law in support of a motion for summary judgment, or in opposition thereto, must comply with the limitations on the length of briefs from Local Rule 7007-1(c)(2). A brief or memorandum of law in reply that is electronically prepared may not exceed 3,125 words. A brief or memorandum of law in reply that is hand-written may not exceed 10 pages.
(f) Failure to File Brief or Memorandum of Law or Statement of Facts.
Failure to file a brief or memorandum of law or statement of facts within the times specified in this rule will constitute waiver of the right to file such papers, except upon a showing of excusable neglect. A motion for summary judgment unaccompanied by a required brief or memorandum of law and statement of facts may, in the discretion of the court, be summarily denied. A response unaccompanied by a required brief or memorandum of law and statement of facts may, in the discretion of the court, be disregarded, and the pending motion may be considered and decided as an uncontested motion. If a party opposing a motion for summary judgment fails to file a response within the time required by this rule, the motion may be considered and decided as an uncontested motion.
(g) Evidentiary Objections.
A party opposing a motion for summary judgment must file and serve any written objections to evidence cited in the motion no later than the date specified in subsection (c) of this rule. A movant must file and serve any written objections to evidence cited in a response to the movant's motion no later than the date specified in subsection (d) of this rule. Objections must be in separate documents and must (1) state with particularity the evidence to which objection is made, including citation to the record, and (2) describe the legal basis for the objection. Failure to timely object to evidence cited may be deemed a waiver of objection for purposes of summary judgment.