APPENDIX II
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 not
later than 21 days after the motion for summary judgment is filed. The movant's reply
submission shall be filed no later than 14 days after the date on which the opponent's
responsive submission was due.
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.
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SUBMISSIONS
The parties’ submissions in support of and 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.
REQUIREMENTS FOR BRIEFS
A. Format
Initial and response briefs are limited to thirty pages. Reply briefs are limited
to ten pages. Briefs that exceed twenty 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 words, which may be block indented from the left and right
margins and single spaced) using fourteen point typeface, preferably Times New
Roman.
B. Number Submitted
The parties must file the original brief with the Clerk of Court. The parties
must simultaneously submit to the Clerk’s Office, for delivery to the court’s
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chambers by the Clerk, an exact copy of the original, clearly identified as a “courtesy
copy,” together with a virus-free disk containing an electronic copy of the brief in
WordPerfect format. The parties also shall e-mail to the court’s chambers such brief
in WordPerfect format.
C. Binding
The Clerk will not accept bound materials for filing, but the court’s “courtesy
copy” of the brief must be securely bound (e.g. by three-ring binder or large clip) for
ease of use, and, to prevent inadvertent loss of pages. In addition, all pages submitted
in the court’s “courtesy copy” shall be three-hole punched.
D. Manner of Stating Facts
All briefs submitted either in support of or opposition to a motion must begin
with a statement of allegedly undisputed relevant material facts set out in separately
numbered paragraphs. Counsel must state facts in clear, unambiguous, simple,
declarative sentences. All statements of fact must be supported by specific reference
to evidentiary submissions.
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
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statement must be followed by a specific reference to those portions of the evidentiary
record that the movant claims supports it.1
2. Opposing Party’s Statement of Facts
Each party opposing a summary judgment motion also must submit a statement
of facts divided as follows.
a. Response to Movant’s Statement
The first section must 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.
b. Additional Undisputed Facts
The second section may contain additional, allegedly undisputed facts set out
1
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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in separately numbered paragraphs that the opposing party contends require the
denial of summary judgment. The second section of the opposing party’s statement
of facts, if any, shall be clearly designated as such.2 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.3
3. Moving Party’s Reply
The 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
2
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..
3
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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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 reference to those portions of the
evidentiary record upon which the disputation is based. All additional material facts
set forth in the statement required of the opposing parties will be deemed to be
admitted for summary judgment purposes unless controverted by the statement of the
movant.
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
The parties must file with the Clerk of Court, simultaneously with their briefs,
all evidentiary materials (e.g., affidavits, exhibits, depositions, or other products of
discovery) relied upon in support of or opposition to summary judgment motions,
except those materials included in the moving party’s initial evidentiary submission
may be referenced by any party opposing the motion, without re-submitting additional
copies of the same documents.
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
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consider such materials. A specific reference must include the 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 must be separately identified by a capital
letter or numeral (i.e., “Exhibit A” or “Exhibit 1”); and, if the exhibit contains more
than one page, each page must be separately numbered.4 Counsel are directed to
submit entire depositions, even if relying only on excerpts.
Deposition travel transcripts that are submitted as part of the evidentiary record
should include no more than four pages of deposition text per 8½” by 11” page.
B. Number of Sets Submitted
The parties must file one set of evidentiary materials with the Clerk of Court.
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." Except for the binding, there must be no
differences between the filed materials and the "courtesy copy."
4
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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C. Binding
The Clerk will not accept bound materials for filing, but the court’s copy of the
evidentiary submission must be securely bound — in separately numbered volumes,
if necessary — for ease of use and to prevent inadvertent loss of pages.
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