Local Rule Civil L.R. 56: Summary Judgment
S.D. Ala. — Civil rule
Civil L.R. 56. Summary Judgment Motions for summary judgment must comply with Fed. R. Civ. P. 56 and Civil Local Rule 7. With the exception of Social Security reviews, other actions for review of administrative agency decisions, and other actions in which a Judge relieves the parties of this Rule's requirements, the following additional requirements must be met:
(a) Movant's Supporting Materials. The movant must file a brief that includes: (1) all facts relied upon, each supported by a specific, pinpoint citation to the record; and (2) argument supported by legal authority as appropriate. The movant must also file all evidence relied upon. A movant seeking affirmative relief other than, or in addition to, monetary damages (such as declaratory or injunctive relief) must file a proposed judgment (not order or opinion) granting such relief in the form sought by the movant. No other supporting documents may be filed absent Court order.
(b) Non-Movant's Response. Unless the Court orders otherwise, the non-movant must file any response in opposition to the motion within twenty-eight (28) days of service of the motion. The non-movant's brief must include: (1) all facts relied upon, each supported by a specific, pinpoint citation to the record; (2) all challenges to the movant's asserted facts; and (3) argument supported by legal authority as appropriate. The non-movant must also file all evidence relied upon. No other supporting documents may be filed absent Court order.
(c) Movant's Reply. Unless the Court orders otherwise, any reply must be filed within fourteen (14) days of service of the non-movant's response.
(d) Effect of Uncontroverted Facts. The Court will deem uncontroverted material facts to be admitted solely for the purpose of deciding the motion for summary judgment.
(e) Stipulated Facts. Parties are encouraged to stipulate to facts. Facts so stipulated do not require references to evidentiary support.
(f) Modification of Provisions in Particular Cases. The Court may provide by order or other notice to the parties that different or additional provisions regarding summary judgment motion practice apply.