(A) Disposition of Motions; Oral Argument; Extension of Time
(1) Any motion (other than summary judgment motions, which are governed by
subparagraph (D) of this Rule) may, in the Court’s discretion, be:
(a) scheduled for oral argument, either at a specified time or on a Motion
Day as suggested in Rule 78 of the Federal Rules of Civil Procedure;
(b) scheduled for determination by telephone conference call;
(c) referred to a United States magistrate judge for determination or
recommendation; or
(d) determined upon the pleadings and the motion papers without
benefit of oral argument.
(2) A party desiring oral argument on a motion filed under subparagraph (B) of
this Rule must so specify in the motion or opposition thereto and must state
the reason why oral argument is desired.
(3) Motions for extensions of time must be filed within the original time
allowed.
(B) Memorandum of Law: Response; Reply; Length
(1) Every motion raising a question of law (except summary judgment motions,
which are governed by subparagraph (D) of this Rule) must include a
memorandum identifying the specific points or propositions of law and
supporting authorities upon which the moving party relies, and identifying
the local or federal rule under which the motion is filed.
(2) Any party opposing a motion filed pursuant to (B)(1) must file a response
to the motion identifying the specific points or propositions of law and
supporting authorities upon which the responding party relies. The
response must be filed within 14 days after service of the motion and
memorandum. If no response is timely filed, the presiding judge will
presume there is no opposition to the motion and may rule without further
notice to the parties.
(3) A reply to the response is only permitted with leave of Court. The motion
for leave must be filed within 7 days after service of the response and
include the proposed reply as an exhibit.
(4) (a) A memorandum in support of and in response to a motion must be
double-spaced and must not exceed 15 pages in length, unless it
complies with the following type volume limitation.
(b) A memorandum that exceeds 15 pages in length will comply with
the type volume limitation if
(1) it does not contain more than 7000 words, or
(2) it uses monospaced type and does not contain more than 650
lines of text.
(c) A memorandum submitted under the type volume limitation must
include a certificate by counsel, or by an unrepresented party, that
the memorandum complies with the type volume limitation. The
certificate of compliance must state the number of words, or lines of
type in the memorandum. The person who prepares the certificate
of compliance may rely on the word count of the word processing
system used to prepare the document.
(d) All headings, footnotes, and quotations count toward the page, word,
and line limitations.
(C) Supporting Documents
If documentary evidence is to be offered in support of or in opposition to a motion,
and if that evidence is conveniently susceptible of copying, copies thereof will be
served and filed by the moving party with the motion and by the opposing party
with the response thereto. If the evidence is not susceptible of convenient copying,
the offering party instead will furnish to the Court and to the adverse party, a
concise summary of the contents and will immediately make the original available
to the adverse party for examination.
(D) Summary Judgment
All motions for summary judgment and responses and replies thereto must comply
with the requirements of this rule. Any filings not in compliance may be stricken
by the Court. The consequences for failing to comply are discussed thoroughly in
Waldridge v. American Hoechst Corp., 24 F.3d 918 (7th Cir. 1994). Motions for
extension of time to file a motion for summary judgment, a response or a reply
thereto will not be looked upon with favor; such motions may be summarily denied
unless they are filed within the original time as allowed by this rule or by the
scheduling order.
(1) Motion for Summary Judgment
Any party filing a motion for summary judgment pursuant to Federal Rules
of Civil Procedure 56 and the scheduling order entered in the case, must
include in that motion the following sections with appropriate headings:
(a) Introduction
Without citations, briefly summarize the legal and factual basis for
the motion and the exact relief sought.
(b) Undisputed Material Facts
List and number each undisputed material fact which is the basis for
the motion for summary judgment. Include as exhibits to the motion
all relevant documentary evidence. For each fact asserted, provide
citations to the documentary evidence that supports it, appropriately
referencing the exhibit and page.
A WORD OF CAUTION: Material facts are only those facts which
bear directly on the legal issue raised by the motion.
(c) Argument
Under an appropriate subheading for each separate point of law,
explain the legal point, with citations to authorities, and why or how
the application of that point to the undisputed material facts entitles
movant to the relief sought.
(2) Response to Motion for Summary Judgment
Within 21 days after service of a motion for summary judgment, any party
opposing the motion must file a response. The response must include the
following sections with appropriate headings:
(a) Introduction
Without citations, briefly summarize the legal and factual basis for
opposition to the motion and the exact relief sought.
(b) Response to Undisputed Material Facts
In separate subsections state the following:
(1) Undisputed Material facts
List by number each fact from section B of the motion for
summary judgment which is conceded to be undisputed and
material.
(2) Disputed Material Facts
List by number each fact from section B of the motion for
summary judgment which is conceded to be material but is
claimed to be disputed. Each claim of disputed fact must be
supported by evidentiary documentation referenced by
specific page. Include as exhibits all cited documentary
evidence not already submitted by the movant.
(3) Disputed Immaterial Facts
List by number each fact from section B of the motion for
summary judgment which is claimed to be both immaterial
and disputed. State the reason the fact is immaterial.
Support the claim that the fact is disputed with evidentiary
documentation referenced by specific page. Include as
exhibits all cited documentary evidence not already
submitted by the movant.
(4) Undisputed Immaterial Facts
List by number each fact from section B of the motion for
summary judgment which is undisputed but is claimed to be
immaterial. State the reason the fact is immaterial.
(5) Additional Material Facts
List and number each additional material fact raised in
opposition to the motion for summary judgment. Each
additional fact must be supported by evidentiary
documentation referenced by specific page. Include as
exhibits all relevant documentary evidence not already
submitted by the movant.
(6) A failure to respond to any numbered fact will be deemed an
admission of the fact.
(c) Argument
With or without additional citations to authorities, respond directly
to the argument in the motion for summary judgment, for example,
by explaining any disagreement with the movant’s explanation of
each point of law, why a point of law does not apply to the
undisputed material facts, why its application does not entitle
movant to relief or why, for other reasons, summary judgment
should not be granted.
(3) Movant’s Reply
Within 14 days after service of response, the movant may file a reply. The
reply must include the following subsections, appropriately titled:
(a) Reply to Additional Material Facts
List by number the additional facts asserted in section (b)(5) of the
response. For each fact, state succinctly whether:
(1) it is conceded to be material and undisputed,
(2) it is conceded to be material but is disputed, in which case
provide support the claim that the fact is disputed by
providing citations to specific pages of evidentiary
documentation. Include as exhibits all cited documentary
evidence not already submitted,
(3) it is immaterial but disputed, in which case state the reason
the fact is immaterial and support the claim that the fact is
disputed by providing citations to evidentiary
documentation, attached as exhibits and referenced by
specific page,
(4) it is immaterial and undisputed, in which case explain the
reason it is immaterial.
(5) A failure to respond to any numbered fact will be deemed an
admission of that fact.
(b) Argument
Succinctly and directly address any matters raised in the response
with which the movant disagrees. THE REPLY WILL BE
LIMITED TO NEW MATTERS RAISED IN THE RESPONSE
AND MUST NOT RESTATE ARGUMENTS ALREADY
RAISED IN THE MOTION.
(4) Oral Arguments
The Court may take the motion for summary judgment under advisement
without oral argument or may schedule argument with appropriate notice to
the parties. A party may file a request for oral argument and hearing at the
time of filing either a motion or response pursuant to this Rule.
(5) Page and Type Limitations
Page and type volume limitations, as set forth in Rule 7.1(B)(4), apply to
Section (1)(c) of the motion for summary judgment and to Section (2)(c) of
the response to the motion. The argument section of a reply must not exceed
five double-spaced pages in length.
(6) Exceptions
Local Rule 7.1(D) does not apply to social security appeals or any other case
upon the showing of good cause.
(E) Amended Pleadings
Whenever an amended pleading is filed, the Clerk will moot any motion attacking
the original pleading. Defendant must respond to the amended pleading in
accordance with Federal Rule of Civil Procedure 15(a)(3).
(F) Documents Requiring Leave of Court
If filing a document requires leave of the Court, the filing party must attach the
proposed document as an exhibit to a motion to file. If the Court grants the motion
to file, the Clerk will file the attached document electronically; the filing party
should not do so.
Revised 9/2024
Committee Comments:
August 11, 2023
The Committee modified subsection (B)(1) to clarify that the word “Rule” refers to either a local or federal
rule. The Committee also vacated the character count but retained the word limit in subsection (B)(4).
February 1, 2024
The Committee deleted “A failure to respond will be deemed an admission of the motion” from subsection
(D)(2), which governs responses to motions for summary judgement, because it was inconsistent with Rule
56(e) of the Federal Rules of Civil Procedure and Seventh Circuit caselaw.
September 19, 2024
The Committee amended subsection (B)(3) to include a 7-day deadline to file a motion for leave to file a
reply and a requirement to attach the proposed reply as an exhibit.
