IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
STANDING ORDER MC-56 MOTIONS FOR SUMMARY JUDGMENT
The following standing order is hereby ADOPTED:
STANDING ORDER MC-56 SUMMARY JUDGMENT
(a) MOTIONS FOR SUMMARY JUDGMENT AND OTHER DISPOSITIVE MOTIONS
With respect to motions for summary judgment and other dispositive motions, all briefs
and memoranda must contain items (3), (4), (5), (6), (8), and (9) from the list below. Any
brief or memorandum that has more than ten (10) pages of argument must contain all the
following items listed:
(1) A table of contents setting forth the page number of each section, including all
headings designated in the body of the brief or memorandum;
(2) A table of citations of cases, statutes, rules, treatises, and other authorities,
alphabetically arranged;
(3) A short statement of the nature and stage of the proceeding;
(4) A list of undisputed facts upon which the movant relies to demonstrate entitlement
to the relief requested. The list shall contain only material facts that are not in
dispute, and each fact shall be enumerated in a separately numbered sentence with
reference to the evidentiary record;
(5) A response by the opposing party to the movant’s claimed undisputed material
facts. Each response to the movant’s list shall be designated as such and contain
a specific numbered reply to each numbered sentence in the movant’s list of
claimed undisputed facts. The response shall consist of the single word
“undisputed,” the single word “disputed” followed by a specific reference to the
evidentiary record, a short explanatory phrase such as “undisputed but not
material,” or “undisputed by context clarified in sentence ____ below.” If the non-
moving party needs more discovery as to a particular fact listed by the movant,
such party must state exactly what discovery is required, from whom it is needed,
and when the party proposes to complete such discovery. The non-movant may
then list any additional material facts which are deemed to require denial of the
motion, setting out each fact in a separate sentence with a citation to the evidentiary
record;
(6) The movant shall clearly set forth a statement of the issues to be ruled upon by the
court and a short statement, supported by authority, of the standard of review for
each issue. The non-movant need not list these issues in the response but may state
other issues, such as affirmative defenses, that would justify denial of the motion;
(7) A short summary of the argument;
(8) The argument shall be divided under appropriate headings, succinctly setting forth
separate points with citations to controlling statutes and/or cases which explain why
the court should resolve the issues accordingly;
(9) A short conclusion stating the precise relief sought.
Counsel shall deliver to chambers bound, tabbed courtesy copies of any brief,
memorandum, or motion that exceeds seventy-five (75) pages, including exhibits.
This
. order applies to all pending cases and to those filed on or after the date of this order.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Beaumont, Texas, this 23rd day of August, 2011.
________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE
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