(a) Motion Requirements. A motion for summary judgment shall be accompanied by a
supporting memorandum and separate concise statement detailing each material fact as to which
the moving party contends that there are no genuine issues to be tried that are essential for the
Court's determination of the summary judgment motion (not the entire case).
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(b) Opposition Requirements. Any party who opposes the motion shall file and serve with
their opposing papers a separate document containing a concise statement that:
(1) Accepts the facts set forth in the moving party’s concise statement; or
(2) Sets forth all material facts as to which it is contended there exists a genuine
issue necessary to be litigated.
(c) Focus of the Concise Statement. When preparing the separate concise statement, a
party shall reference only the material facts which are absolutely necessary for the Court to
determine the limited issues presented in the motion for summary judgment (and no others) and
each reference shall contain a citation to a particular affidavit, deposition, or other document
which supports the party’s interpretation of the material fact. Affidavits or declarations setting
forth facts and/or authenticating exhibits, as well as exhibits themselves, shall only be attached
to the concise statement.
The Court discourages the filing of non-relevant portions of any exhibits referenced in
the concise statement. Instead, the filing party shall extract and highlight only the relevant
portions of each referenced exhibit. Photocopies of extracted pages, with appropriate
identification and highlighting will be adequate.
(d) Format. A separate concise statement may utilize a single space format for the
presentation of the facts and evidentiary support when set out in parallel columns. Sample
concise statements are attached hereto as Civil Attachments 6 (for movants) and 6.1 (for
respondents).
(e) Limitation. The concise statement shall be no longer than five (5) pages, unless it
contains no more than 1500 words.
(f) Scope of Judicial Review. When resolving motions for summary judgment, the Court
shall have no independent duty to search and consider any part of the Court record not otherwise
referenced in the separate concise statements of the parties.
(g) Undisputed Material Facts. For purposes of a motion for summary judgment, material
facts set forth in the moving party’s concise statement will be deemed undisputed unless
controverted by a separate concise statement of the opposing party.
(h) Notice to Pro Se Litigants re Motions for Summary Judgment. Any represented
party moving for summary judgment against a party proceeding pro se shall serve and file a
separate notice using the Court’s preapproved form (Civil Attachment 7) with the full text of
Fed. R. Civ. P. 56 and CVLR 56 attached, together with the papers in support of the motion.
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Where the pro se party is not the plaintiff, the movant shall amend the form notice as
necessary to reflect that fact.
