|F.R.Civ.P. 56. Summary Judgment||Chapter I: (Includes prior Chapter IV: Student Practice Rules and Chapter VII: Attorney Disciplinary Rules of the Court)|
|F.R.Civ.P. 56. Summary Judgment |
L.R. 56-1 Papers Required From Moving Party . There shall be served and lodged with each notice of motion for summary judgment pursuant to F.R.Civ.P. 56 a proposed "Statement of Uncontroverted Facts and Conclusions of Law" and the proposed judgment. Such proposed statement shall set forth the material facts as to which the moving party contends there is no genuine issue.
L.R. 56-2 Statement of Genuine Issues of Material Fact by Opposing Party . Any party who opposes the motion shall serve and file with his opposing papers a separate document containing a concise "Statement of Genuine Issues" setting forth all material facts as to which it is contended there exists a genuine issue necessary to be litigated.
L.R. 56-3 Determination of Motion . In determining any motion for summary judgment, the Court will assume that the material facts as claimed and adequately supported by the moving party are admitted to exist without controversy except to the extent that such material facts are (a) included in the "Statement of Genuine Issues" and (b) controverted by declaration or other written evidence filed in opposition to the motion.
L.R. 56-4 Motions Under F.R.Civ.P. 56(d) . This rule shall apply to motions for orders specifying material facts that appear without substantial controversy pursuant to F.R.Civ.P. 56(d), except that the proposed "Statement of Uncontroverted Facts and Conclusions of Law" and "Statement of Genuine Issues" shall be limited to the facts which the moving party asserts to be without substantial controversy and the moving party shall submit a proposed order instead of a proposed judgment.