(a) Motion. Any motion for summary judgment must include: (1) a statement of the issues to
be decided by the court; and (2) a “Statement of Undisputed Material Facts.” If the movant
relies upon evidence to support its motion, the motion should include appropriate citations
to proper summary judgment evidence as set forth below. Proper summary judgment
evidence should be attached to the motion in accordance with Section (d) of this rule.
(b) Response. Any response to a motion for summary judgment must include: (1) a response
to the statement of issues; and (2) a response to the “Statement of Undisputed Material
Facts.” The responsive brief should be supported by appropriate citations to proper
summary judgment evidence as set forth below. Proper summary judgment evidence
should be attached in accordance with Section (d) of this rule.
(c) Ruling. In resolving the motion for summary judgment, the court will assume that the
facts as claimed and supported by admissible evidence by the moving party are admitted
to exist without controversy, except to the extent that such facts are controverted in the
responsive brief filed in opposition to the motion, as supported by proper summary
judgment evidence. The court will not scour the record in an attempt to unearth an
undesignated genuine issue of material fact.
(d) Proper summary judgment evidence. As used within this rule, “proper summary
judgment evidence” means excerpted copies of pleadings, depositions, documents,
electronically stored information, answers to interrogatories, admissions, affidavits or
declarations, stipulations (including those made for purposes of the motion only), and
other admissible evidence cited in the motion for summary judgment or the response
thereto. “Appropriate citations” means that any excerpted evidentiary materials that are
attached to the motion or the response should be referred to by page and, if possible, by
line. Counsel are strongly encouraged to highlight or underline the cited portion of any
attached evidentiary materials, unless the citation encompasses the entire page. The page
preceding and following a highlighted page may be submitted if necessary to place the
highlighted material in context. Only relevant, cited-to excerpts of evidentiary materials
should be attached to the motion or the response.
