(a) Supporting Brief. The brief in support of a motion for summary judgment must
begin with a section that contains a concise statement of material facts as to which
the movant contends no genuine issue exists. The facts must be numbered and must
refer with particularity to those portions of the record upon which movant relies.
All material facts set forth in the statement of the movant will be deemed admitted
for the purpose of summary judgment unless specifically controverted by the
statement of the opposing party.
(b) Opposing Brief.
(1) A brief in opposition to a motion for summary judgment must begin with a
section containing a concise statement of material facts as to which the party
contends a genuine issue exists. Each fact in dispute must be numbered by
paragraph, refer with particularity to those portions of the record upon
which the opposing party relies, and, if applicable, state the number of
movant’s fact that is disputed.
(2) If the party opposing summary judgment relies on any facts not contained
in movant’s brief, that party must set forth each additional fact in a
separately numbered paragraph, supported by references to the record, in
the manner required by subsection (a), above. All material facts set forth in
this statement of the non-moving party will be deemed admitted for the
purpose of summary judgment unless specifically controverted by the reply
of the moving party.
(c) Reply Brief. In a reply brief, the moving party must respond to the non-moving
party’s statement of additional material facts in the manner prescribed in subsection
(b)(1).
(d) Notice to Pro Se Litigant Who Opposes a Summary Judgment Motion. Any
represented party moving for summary judgment against a party proceeding pro se
must serve and file as a separate document, together with the papers in support of
the motion, the following “Notice To Pro Se Litigant Who Opposes a Motion For
Summary Judgment” with the full texts of Fed. R. Civ. P. 56 and D. Kan. Rule 56.1
attached. Where the pro se party is not the plaintiff, the movant must amend the
form notice as necessary to reflect that fact.
“Notice to Pro Se Litigant Who Opposes a
Motion for Summary Judgment”
The defendant in this case has moved for summary judgment pursuant to
Rule 56 of the Federal Rules of Civil Procedure. This means that the defendant has
asked the court to decide this case without a trial, based on written materials,
including affidavits, submitted in support of the motion. The claims you assert in
your complaint may be dismissed without a trial if you do not respond to this motion
on time by filing sworn affidavits and/or other documents as required by Rule 56(c)
of the Federal Rules of Civil Procedure and by D. Kan. Rule 56.1. The full text of
these two rules is attached to this notice.
In short, Fed. R. Civ. P. 56 provides that you may not oppose summary
judgment simply by relying upon the allegations in your complaint. Rather, you
must submit evidence, such as witness statements or documents, countering the
facts asserted by the defendant and raising specific facts that support your claim. If
you have proof of your claim, now is the time to submit it. Any witness statements
must be in the form of affidavits. An affidavit is a sworn statement of fact based
on personal knowledge stating facts that would be admissible in evidence at trial.
You may submit your own affidavit and/or the affidavits of others. You may submit
affidavits that were prepared specifically in response to defendant’s motion for
summary judgment.
If you do not respond to the motion for summary judgment on time with
affidavits and/or documents contradicting the material facts asserted by the
defendant, the court may accept defendant’s facts as true, in which event your case
may be dismissed and judgment entered in defendant’s favor without a trial.
***
As amended 12/1/22, 10/13, 9/00.
