What Must a Summary Judgment Motion and Response Include?

A motion for summary judgment must, (i) on the first page, under the heading “summary,” contain a concise statement that identifies the elements of each claim or defense as to which summary judgment is sought, (ii) contain the legal and/or factual grounds on which the moving party relies, and (iii) if the motion is accompanied by an appendix, include citations to each page of the appendix that supports each assertion that the party makes concerning the summary judgment evidence.  A moving party may satisfy such requirements by stating in its motion that each of the required matters will be set forth in the party’s brief.  If a moving party seeks summary judgment on fewer than all claims or defenses, the motion must be styled as a motion for partial summary judgment.  A motion for summary judgment must not contain argument and authorities.  See L.R. 56.3.

A response to a motion for summary judgment must contain the legal and/or factual grounds on which the responding party relies in opposition to the motion.  A responding party may satisfy this requirement by stating in its response that each of the required matters will be set forth in the party’s brief.  A response to a motion for summary judgment must not contain argument and authorities.  See L.R. 56.4.

A summary judgment motion and a response must be accompanied by a brief that sets forth the argument and authorities on which the party relies in support of or opposition to a motion.  The brief must be filed as a separate document from the motion or response that it supports.  See L.R. 56.5(a).

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