A. Moving Party=s Required Statement of Material Facts. All motions for
summary judgment must be accompanied by a separate, short, and concise
statement of the material facts as to which the moving party contends there
is no genuine issue to be tried. Each material fact must be presented in a
separate numbered statement with an appropriate citation to the record in
the case.
B. Opposing Party=s Required Statement of Material Facts. A party opposing
a motion for summary judgment must respond to each numbered paragraph
in the moving party=s statement of material facts with a separately numbered
response and appropriate citations to the record. A party opposing a motion
for summary judgment must identify any material facts on which there exists
a genuine material issue to be tried.
C. Use of Documentary Evidence. A party must attach to an affidavit all
relevant documentary evidence in support of or in opposition to a motion for
summary judgment. The evidence should be submitted with proper
highlighting or underlining as encouraged by D.S.D. Civ. LR 7.1B2.
D. Effect of Omission: Sanction. All material facts set forth in the movant=s
statement of material facts will be deemed to be admitted unless controverted
by the opposing party=s response to the moving party=s statement of material
facts.
2/28/2025
