Local Rule 7056: Motions for Summary Judgment

L.R. 7056 – Motions for Summary Judgment. A. Motion for Summary Judgment. A motion for summary judgment shall state with particularity, in separately numbered paragraphs, each material fact as to which the movant claims there is no genuine issue. Each such paragraph shall reference the pleading, discovery, affidavit or document that supports such fact. If the motion requires consideration of facts not appearing in the record, the party shall file all documentary evidence relied upon, including affidavits, as an attachment to the motion. The motion shall not refer to material facts not presented as evidence in support of the motion. The motion shall also state concisely the legal grounds on which relief should be granted.

B. Memorandum in Support. The moving party shall file with each motion for summary judgment a memorandum in support of the motion, including citations to any authorities upon which the party relies. Failure to file a memorandum in support of the motion may result in the entry of an order striking the motion.

C. Responses. Each party opposing a motion for summary judgment shall file a response specifically admitting or denying each of the movant's factual statements. The response shall include the reason for denial of any factual allegation and shall be supported by reference to the pleadings, discovery, affidavits or documents that support respondent's denial. The response shall further list in numbered paragraphs any additional facts that remain in dispute and those facts shall 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 shall file with its response all documentary evidence relied upon, including affidavits, if applicable.

D. Memorandum in Support of Response. The respondent shall also file a memorandum in support of the response, including citations to authorities on which the respondent relies. Failure to file a memorandum in support of the response may result in the entry of an order striking the response.

E. Response Time. The response and memorandum in support of the response shall be filed within 21 days from the date the motion for summary judgment is filed.

F. Replies. The moving party may file a reply no later than 14 days after the response is filed. Additional replies may be filed by either party only with leave of Court. Any reply may address only matters raised in the response to which the reply relates.

G. Page Limits. Absent leave of Court, no pleading or memorandum regarding summary judgment shall exceed 20 numbered pages, exclusive of the signature page and attachments.