APPENDIX II 1
SUMMARY JUDGMENT REQUIREMENTS
NOTICE
This exhibit contains specific, mandatory instructions regarding the preparation and submission of
briefs and evidentiary materials in support of and in opposition to potentially dispositive motions.
These instructions must be followed explicitly. Except for good cause shown, briefs and
evidentiary materials that do not conform to the following requirements may be stricken.
SUBMISSION DATES
The parties to the above-styled action have been or will be given a deadline for the filing
of dispositive motions. Any motion for summary judgment and supporting brief and evidentiary
materials will be due on or before that deadline. The responsive submission of the party opposing
the motion for summary judgment SHALL be filed no later than twenty-one (21) days after the
motion for summary judgment is filed. The movant’s reply submission SHALL be filed no later
than fourteen (14) days after the date on which the opponent’s responsive submission is filed.
To ensure that each party is afforded a full and fair opportunity to be heard, the parties must
cause copies of briefs and evidentiary materials to be delivered to opposing parties without undue
delay and, generally, on the same date such materials are submitted to the court.
SUBMISSIONS
The parties’ submissions in support of and in opposition to summary judgment motions
must consist of: (1) a brief containing, in separately identified sections, (i) a statement of allegedly
undisputed relevant material facts and (ii) a discussion of relevant legal authorities; and (2) copies
of any evidentiary materials upon which the party relies. More detailed requirements for these
submissions are explained in the following sections.
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The parties should take note that the court’s requirements for briefing dispositive motions have changed.
See Requirements for Evidentiary Materials, ¶ 1, pg. 5.
REQUIREMENTS FOR BRIEFS
A. Format
Initial and response briefs are limited to thirty (30) pages. Reply briefs are limited to ten
(10) pages. Briefs that exceed twenty (20) pages must include a table of contents that accurately
reflects the organization of the document. The table of contents is not included in the page limit.
The text of briefs must be double spaced (except for quotations exceeding fifty (50) words, which
may be block indented from the left and right margins and single spaced) using 12-point typeface,
preferably Times New Roman.
B. Number Submitted
The parties must electronically file their brief through the court’s CM/ECF system. The
parties SHALL also email to the court’s chambers such brief in Word format. For any brief over
ten (10) pages, the parties must simultaneously submit to the Clerk’s Office, for delivery to the
court’s chambers by the Clerk, an exact copy of the brief, clearly identified as a “courtesy copy.”
C. Binding
The court’s “courtesy copy” of any brief SHALL be three-hole punched. Only particularly
voluminous submissions must be in a three-ring binder. Do not submit a reply in a separate binder
if the initial filing was in a binder.
D. Manner of Stating Facts
All briefs submitted either in support of or in opposition to a dispositive motion SHALL
begin with a statement of allegedly undisputed relevant material facts which SHALL be set out in
separately numbered paragraphs. Counsel must state facts in clear, unambiguous, simple,
declarative sentences, without argument. All statements of fact must be supported by specific
reference to evidentiary submissions.
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1. Moving Party’s Initial Statement of Facts
The moving party SHALL list in separately numbered paragraphs each material fact the
movant contends is true and not in genuine dispute, and upon which the moving party relies to
demonstrate that it is entitled to summary judgment. Each such statement must be followed by a
specific citation to those portions of the evidentiary record that the movant claims support it. 2
2. Opposing Party’s Statement of Facts
Each party opposing a summary judgment motion also SHALL submit a statement of facts
divided as follows.
a. Response to Movant’s Statement
The first section SHALL consist of only the non-moving party’s disputes, if any, with the
moving party’s claimed undisputed facts. The non-moving party’s response to the moving party’s
claimed undisputed facts SHALL be in separately numbered paragraphs that coincide with those
of the moving party’s claimed undisputed facts. Any statements of fact that are disputed by the
non-moving party must be followed by a specific reference to those portions of the evidentiary
record upon which the dispute is based. All material facts set forth in the statement required of
the moving party will be deemed to be admitted for summary judgment purposes unless
controverted by the response of the party opposing summary judgment and supported by a record
citation.
b. Additional Undisputed Facts
The second section may contain additional, allegedly undisputed facts set out in separately
numbered paragraphs that the opposing party contends require the denial of summary judgment.
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Each statement of fact should be supported by its own evidentiary citation, regardless of the fact that more
than one statement of fact allegedly is supported by the same specific reference to the evidentiary record or more than
one statement of fact is contained in the same numbered paragraph.
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The second section of the opposing party’s statement of facts, if any, SHALL be clearly designated
as such. 3 The opposing party should include only facts which the opposing party contends are true
and not in genuine dispute.
c. Additional Disputed Facts
The third section may contain additional, allegedly disputed facts set out in separately
numbered paragraphs that the opposing party contends require the denial of summary judgment.
The third section of the opposing party’s statement of facts, if any, SHALL be clearly designated
as such. Each statement of allegedly disputed facts must be followed by specific reference to those
portions of the evidentiary record which both support and contradict the alleged fact. 4
3. Moving Party’s Reply
The fact section of a reply submission, if any, SHALL consist of only the moving party’s
disputes, if any, with the non-moving party’s additional claimed undisputed facts. The moving
party’s response to the non-moving party’s additional claimed undisputed facts SHALL be in
separately numbered paragraphs that coincide with those of the non-moving party’s additional
claimed undisputed facts. Any statements of fact that are disputed by the moving party must be
followed by a specific citation to those portions of the evidentiary record upon which the
disputation is based. All additional material facts set forth by the opposing parties will be deemed
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Each statement of fact should be supported by its own evidentiary citation, regardless of the fact that more
than one statement of fact allegedly is supported by the same specific reference to the evidentiary record or more than
one statement of fact is contained in the same numbered paragraph.
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The court recognizes that, in some circumstances, a party opposing a motion for summary judgment may
want to set out facts which that party claims are true and supported by evidence, but cannot, in good conscience and
consistent with Rule 11, say are undisputed. In such case, the party should include a separate section of fact statements,
set out in short declarative sentences and individually numbered paragraphs, which are supported by some evidence
but, nevertheless, are in dispute. When doing so, however, the party should include record citations which both support
and contradict the alleged fact.
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to be admitted for summary judgment purposes unless controverted by the statement of the movant
and supported by a record citation.
The court reserves the right sua sponte to STRIKE any statements of fact or
responsive statements that fail to comply with these requirements.
REQUIREMENTS FOR EVIDENTIARY MATERIALS
To facilitate the court’s requirement that the parties cite to the CM/ECF document and page
numbers, the parties must electronically file all evidentiary materials (e.g., affidavits, exhibits,
depositions, or other products of discovery) relied upon in support of or opposition to summary
judgment motions before they file their briefs in support of or in opposition to summary judgment.
The parties may file their briefs, which SHALL contain citations to the CM/ECF document and
page numbers, one business day after making their evidentiary submissions.
While the court reserves the right to consider evidentiary materials that are not specifically
referenced in the brief, no party has a right to assume the court will consider such materials. A
specific reference must include the CM/ECF document and exhibit number, page, and when
appropriate the line number.
A. Organization
Each volume of evidentiary materials must include a table of contents that includes a brief
narrative description of each document included: e.g., “Plaintiff’s Exhibit 1, the Deposition of John
Jones.” For ease of citation, each affidavit, exhibit, deposition, or other product of discovery
SHALL be filed on a separate exhibit in CM/ECF and be separately identified by a capital letter
or numeral (i.e., “Exhibit A” or “Exhibit 1”). If the exhibit contains more than one page, each page
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must be separately numbered. 5 Counsel are DIRECTED to submit entire depositions
(condensed versions), even if relying only on excerpts.
When submitting a deposition, the parties SHALL file the condensed version and must
also include the word index.
B. Number of Sets Submitted
The parties must electronically file one set of evidentiary materials through the court’s
CM/ECF system. The parties must simultaneously submit to the Clerk of Court, for delivery to
the court’s chambers by the Clerk, an exact copy of the set of evidentiary materials, clearly
identified as a “courtesy copy.” There must be no differences between the electronically filed
materials and the “courtesy copy.”
C. Binding of Courtesy Copy
The court’s “courtesy copy” of any evidentiary submission SHALL be three-hole punched.
Only particularly voluminous submissions must be in a three-ring binder, in separately numbered
volumes, if necessary -- for ease of use and to prevent inadvertent loss of pages.
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A reference to that exhibit in the statement of facts or brief might be, “Plaintiff’s Ex. 1, p. 41.” The court
does not, however, require any specific form as long as specific page references are used.
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