Local Rule L.B.R. 7056-1: Summary Judgment

L.B.R. 7056-1 Summary Judgment.

(a) Motion Practice Not Modified Generally.

Except as expressly modified, the motion practice prescribed by Local Bankruptcy Rules 7007.1-7007.3 is not affected by this rule.

(b) Limits on Time for Filing and Number of Motions.

(1) Time for Filing. Unless otherwise directed by the Presiding Judge, no motion for summary judgment may be filed within 45 days of the docket call setting.

(2) Number. Unless otherwise directed by the Presiding Judge, or permitted by law, a party may file no more than one motion for summary judgment.

(c) Content of Motion.

(1) Except as provided in subsection (2) of this rule, a motion for summary judgment shall:

(A) on the first page, under the heading "summary," contain a concise statement that identifies the elements of each claim or defense as to which summary judgment is sought,

(B) contain the legal or factual grounds on which the moving party relies, and

(C) if the motion is accompanied by an appendix, include citations to each page of the appendix that supports each assertion that the party makes concerning the summary judgment evidence.

(2) A moving party may satisfy the requirements of subsection (1) of this rule by stating in its motion that each of the required matters will be set forth in the party's brief.

(3) If a moving party seeks summary judgment on fewer than all claims or defenses, the motion shall be styled as a motion for partial summary judgment.

(4) A motion for summary judgment shall not contain argument and authorities.

(d) Content of Response.

(1) Except as provided in subsection (2) of this rule, a response to a motion for summary judgment shall contain the legal or factual grounds on which the responding party relies in opposition to the motion.

(2) A responding party may satisfy the requirement of subsection (1) of this rule by stating in its response that each of the required matters will be set forth in the party's brief.

(3) A response to a motion for summary judgment shall not contain argument and authorities, which will be set forth in the contemporaneously filed brief.

(e) Briefing Requirements.

(1) Brief Required. A summary judgment motion or a response shall be accompanied by a brief that sets forth the argument and authorities on which the party relies in support of or opposition to a motion, and shall contain the matters required by subsections (c)(1) or (d)(1) of this rule if the party has opted to comply with those subsections by including the required matters in its brief. The brief shall be filed as a separate document from the motion or response that it supports.

(2) Length of Briefs. The requirements of Local Bankruptcy Rule 7007-2 apply to briefs filed pursuant to this rule, except that, excluding the table of contents and table of authorities, the length of a principal brief may not exceed 50 pages and a reply brief may not exceed 25 pages. The Presiding Judge, by order or other appropriate notice, may restrict or expand the length of briefs permitted by this rule.

(3) Citations to Appendix. A party whose motion or response is accompanied by an appendix shall include in its brief citations to each page of the appendix that supports each assertion that the party makes concerning the summary judgment evidence.

(f) Appendix Requirements.

(1) Appendix Required. A party who relies on affidavits, depositions, answers to interrogatories, or admissions on file to support or oppose a motion for summary judgment shall include such evidence in an appendix.

(2) Appendix Format.

(A) The appendix shall be assembled as a self-contained document, separate from the motion and brief or response and brief.

(B) Each page of the appendix shall measure 8½ x 11 inches. Non-documentary exhibits and oversized exhibits that are included in the appendix shall be placed in an envelope that measures 9 x 12 inches.

(C) Each page of the appendix shall be numbered legibly in the lower, right hand corner. The first page shall be numbered as "1," and succeeding pages shall be numbered sequentially through the last page of the entire appendix (i.e., the numbering system shall not re-start with each succeeding document in the appendix). An envelope that contains a non-documentary or oversized exhibit shall be numbered as if it were a single page.

(g) Limit on Supplemental Materials.

Except for the motions, responses, replies, briefs, and appendixes required by these rules, a party may not, without the permission of the Presiding Judge, file supplemental pleadings, briefs, authorities, or evidence.