(a) Any party filing a motion for summary judgment must simultaneously
file a Statement of Undisputed Facts. The Statement must:
(1) set forth in serial form each fact on which the party relies to support
the motion;
(2) pinpoint cite to a specific pleading, deposition, answer to
interrogatory, admission, or affidavit before the court to support each
fact;
(3) be filed separately from the motion and brief; and
(4) immediately upon filing of the motion, be e-mailed in a word
processing format to each party against whom summary judgment is
sought. This need not be e-mailed to pro se litigants without access to
e-mail.
(b) Any party opposing a motion for summary judgment must file a
Statement of Disputed Facts simultaneously with and separately from the response
brief. The Statement must:
(1) set forth verbatim the moving party’s Statement (except for pro se
prisoners who can simply refer to each Statement by number), adding
only:
(A) whether each fact in the moving party’s Statement is
“undisputed” or “disputed”; and,
(B) if “disputed,” pinpoint cite to a specific pleading, deposition,
answer to interrogatory, admission or affidavit before the court
to oppose each fact; and
(2) set forth in serial form:
(A) each additional fact on which the party relies to oppose the
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D.Mont L.R. 56.1 Motion for Summary Judgment
motion; and
(B) pinpoint cite a specific pleading, deposition, answer to
interrogatory, admission, or affidavit before the court to support
each additional fact.
(c) In the alternative, the movant and the party opposing the motion may
jointly file a statement of stipulated facts if the parties agree there are no material
disputed facts. Such stipulations are entered into only for the purposes of the
motion for summary judgment and are not intended to be otherwise binding.
(d) Where the parties do not file a joint stipulation, failure to file a
Statement of Undisputed Facts will be deemed an admission that material facts are
in dispute. Failure to file a Statement of Disputed Facts will be deemed an
admission that no material facts are in dispute.
