Compliance with DUCivR 7-1.
A motion for summary judgment, response, and reply must comply with DUCivR
7-1 in addition to the requirements in this rule.
Local Rules of Civil Practice - District of Utah Eff. December 2025
Motion.
If a party files more than 1 summary judgment motion at the same time, the
court may strike the motions and require that the motions be consolidated into a
single motion. A motion for summary judgment must be titled “Motion for
Summary Judgment,” be supported by an Appendix of Evidence, as described in
section 56-1(e), and include the following sections:
(1) Introduction and Relief Requested. A concise statement of each claim or
defense for which summary judgment is sought and a clear statement of
the relief requested.
(2) Background (Optional). An optional section to provide context for the
case, dispute, and motion. If included, this section should be placed
between the Introduction and Relief Requested and the Statement of
Undisputed Material Facts. The Background need not be limited to
undisputed facts and need not cite to evidentiary support.
(3) Statement of Undisputed Material Facts. A concise statement of the
undisputed material facts that entitle the moving party to judgment as a
matter of law. Only facts necessary to decide the motion should be
included in this section. The moving party must cite with particularity the
evidence in the Appendix that supports each factual assertion.
(4) Argument. An explanation for each claim or defense, establishing,
under the applicable supporting authority, why the moving party is
entitled to judgment as a matter of law. The argument section should
include a statement of each claim or defense on which the party is
seeking summary judgment and supporting authorities. Any factual
references must cite to the Appendix.
Response.
A response to a motion for summary judgment may be accompanied by an
Local Rules of Civil Practice - District of Utah Eff. December 2025
Appendix of Evidence, if applicable, and must include the following sections.
(1) Introduction. A concise statement explaining why summary
judgment should be denied.
(2) Background (Optional). An optional section to provide context for the
case, dispute, and motion. If included, this section should be placed
between the Introduction and the Response to Statement of Undisputed
Material Facts. The Background need not be limited to undisputed facts
and need not cite to evidentiary support.
(3) Response to Statement of Undisputed Material Facts. A party must
restate only those specific facts the opposing party contends are
genuinely disputed or immaterial, providing a concise statement
explaining why the fact is disputed or immaterial, and cite to the
evidence used to refute the fact. The responding party should not
restate undisputed facts. If a fact is inadmissible, the responding party
must object, as provided in DUCivR 7-1(b), rather than move to strike the
inadmissible fact. Factual citations must reference the appropriate
Appendix.
(4) Statement of Additional Material Facts (if applicable). If additional
material facts are relevant to show that there is a genuine dispute of
material fact, the party must state each additional fact and cite with
particularity to the Appendix that contains the supporting evidence. Do
not include duplicate copies of evidence already in the record. Instead,
the party must cite to evidence in a previously filed Appendix.
(5) Argument. An explanation for each claim or defense, establishing, under
the applicable supporting authority, why summary judgment should be
denied. Any factual citations must cite to the appropriate Appendix.
Local Rules of Civil Practice - District of Utah Eff. December 2025
Reply.
The moving party may file a reply. In the reply, a party may cite to evidence that
was not previously cited only to rebut a claim that a material fact is in dispute.
Otherwise, a reply may not contain additional evidence, and, if it does, the court
may disregard it.
Appendix of Evidence.
(1) All evidence cited in a motion, response, or reply must be compiled in an
appendix. Do not include duplicate copies of evidence already in the
record. Instead, the party must cite to evidence in a previously filed
Appendix.
(2) The Appendix must include:
(A) a captioned, cover-page index that—
(i) lists each exhibit by number;
(ii) includes a description or title of the exhibit; and
(iii) identifies the source of the exhibit;
(B) complete copies of all exhibits, including deposition transcripts.
For lengthy deposition transcripts, the party may submit the
relevant pages of the deposition and the 4 pages before and 4
pages after the sections cited. Minuscript transcripts are
permitted, unless the court orders otherwise.
Failure to Respond.
If a party fails to timely respond, the court may grant the motion without
further notice if the moving party has established that it is entitled to judgment
as a matter of law.
Local Rules of Civil Practice - District of Utah Eff. December 2025
