Local Rule 56.1: Motion for Summary Judgment
D. Mont. — Civil rule
56.1 Motion for Summary Judgment
(a) Any party filing a motion for summary judgment must simultaneously file a Statement of Undisputed Facts. The Statement must:
(1) set forth in serial form each fact on which the party relies to support the motion;
(2) pinpoint cite to a specific pleading, deposition, answer to interrogatory, admission, or affidavit before the court to support each fact;
(3) be filed separately from the motion and brief; and
(4) immediately upon filing of the motion, be e-mailed in a word processing format to each party against whom summary judgment is sought. This need not be e-mailed to pro se litigants without access to e-mail.
(b) Any party opposing a motion for summary judgment must file a Statement of Disputed Facts simultaneously with and separately from the response brief. The Statement must:
(1) set forth verbatim the moving party's Statement (except for pro se prisoners who can simply refer to each Statement by number), adding only:
(A) whether each fact in the moving party's Statement is "undisputed" or "disputed"; and,
(B) if "disputed," pinpoint cite to a specific pleading, deposition, answer to interrogatory, admission or affidavit before the court to oppose each fact; and
(2) set forth in serial form:
(A) each additional fact on which the party relies to oppose the motion; and
(B) pinpoint cite a specific pleading, deposition, answer to interrogatory, admission, or affidavit before the court to support each additional fact.
(c) In the alternative, the movant and the party opposing the motion may jointly file a statement of stipulated facts if the parties agree there are no material disputed facts. Such stipulations are entered into only for the purposes of the motion for summary judgment and are not intended to be otherwise binding.
(d) Where the parties do not file a joint stipulation, failure to file a Statement of Undisputed Facts will be deemed an admission that material facts are in dispute. Failure to file a Statement of Disputed Facts will be deemed an admission that no material facts are in dispute.