(A) A memorandum shall contain the following:
(1) A concise summary of the nature of the case.
(2) A concise statement of the facts that pertain to the matter before the
court for ruling with reference to the location in the record.
(3) The argument (brevity is expected) relating to the matter before the
court for ruling with appropriate citations.
(4) Where the memorandum opposes a motion for summary judgment, a
concise statement of the material facts in dispute with reference to the
location in the record.
(5) Any special content required by any federal or local civil rule
governing the subject matter of the motion.6
(B) Unless an exception is granted by the court, no memorandum shall exceed:
(1) Thirty-five (35) double-spaced pages, in the case of an initial brief of
any party (Local Civ. Rules 7.04, 7.06 (D.S.C.)).
(2) Fifteen (15) double-spaced pages, in the case of any reply (Local Civ.
Rule 7.07 (D.S.C.)).
The page limitation is exclusive of affidavits, supporting documentation,
and copies of authority required to be attached by Local Civ. Rule 7.05(C)
(D.S.C.).
(C) Attachments to memoranda shall include the following:
(1) Exhibits. Docket entries for all attachments must include a descriptive
name (for example, “Dep. of Bill Jones,” not “Exhibit 2”). Each
attachment (including exhibits) shall be filed as a separate attachment
to the main document.
(2) Copies of any unpublished decisions not readily available online and
decisions published in the various specialized reporting services,
Additional content and timing requirements for specific motions are addressed in separate rules
relating to the subject matter of the motion. E.g., Local Civ. Rule 5.03 (D.S.C.) (Filing
Documents under Seal); Local Civ. Rule 6.01 (D.S.C.) (Motion for Enlargement or Shortening
of Time); Local Civ. Rule 6.02 (D.S.C.) (Protection Requests); Local Civ. Rule 7.04 (D.S.C.)
(second paragraph addressing motion to compel discovery); Local Civ. Rule 16.00(C) (D.S.C.)
(Stay of Deadlines and Entry of Scheduling Orders); Local Civ. Rule 17.02 (D.S.C.) (minor
settlements); Local Civ. Rule 30.04(C) (D.S.C.) (Conduct During Depositions – motion required
within seven days of directing a witness not to respond); Local Civ. Rule 83.I.05 (D.S.C.)
(Appearances by Attorneys not Admitted in the District); and Local Civ. Rule 83.I.07 (D.S.C.)
(Withdrawal of Appearance). See also Local Civ. Rule 12.01 (D.S.C.) (Extensions of Time to
Respond to a Pleading).
journals, or law reviews (for example, CCH Tax Reports, Labor
Reports, UCC Reporting Service, etc.).
