B-7056-1. SUMMARY JUDGMENT PROCEDURE

(a)   Movant’s Obligations

A party seeking summary judgment must file and serve a supporting brief and any evidence (that is not already in the record) that the party relies on to support the motion. Unless otherwise ordered by the Court, the supporting brief shall be no more than thirty-five (35) pages. The brief must include a section labeled “Statement of Material Facts Not in Dispute” containing the facts:

(1)     that are potentially determinative of the motion; and

(2)     as to which the movant contends there is no genuine issue.

(b)   Non-Movant’s Obligations

A party opposing a summary judgment motion must, within twenty-eight (28) days after the movant serves the motion, file and serve a response brief and any evidence (that is not already in the record) that the party relies on to oppose the motion. Unless otherwise ordered by the Court, the response brief shall be no more than thirty-five (35) pages. The response must include a section labeled “Statement of Material Facts in Dispute” that identifies the potentially determinative facts and factual disputes that the party contends demonstrate a dispute of fact precluding summary judgment.

(c)   Reply

The movant may file and serve a reply brief within fourteen (14) days after a response is served. Unless otherwise ordered by the Court, the reply brief shall be no more than twenty (20) pages.

(d)   Surreply

A party opposing a summary judgment motion may file a surreply brief only if the movant cites new evidence in the reply or objects to the admissibility of the evidence cited in the response. The surreply must be filed and served within seven (7) days after the movant serves the reply and must be limited to the new evidence and objections.

(e)   Citations to Supporting Facts

A party must support each fact the party asserts in a brief with a citation to a discovery response, a deposition, an affidavit, or other admissible evidence. The evidence must be in the record or in an appendix to the brief. The citation must refer to a page or paragraph number or otherwise similarly specify where the relevant information can be found in the supporting evidence.

(f)   Oral Argument or Hearing

Unless a party has requested a hearing, the Court may decide summary judgment motions without oral argument or hearing.

(g)   Notice Requirement for Pro Se Cases

A party seeking summary judgment against an unrepresented party must serve that party with a notice that:

(1)     briefly and plainly states that a fact stated in the moving party’s Statement of Material Facts and supported by admissible evidence will be accepted by the court as true unless the opposing party cites specific admissible evidence contradicting that statement of material fact;

(2)     sets forth the full text of Fed.R.Civ.P. 56 and this rule; and

(3)     otherwise complies with applicable case law regarding required notice to pro se litigants opposing summary judgment motions.

(h)   Compliance

The Court may, in the interest of justice or for good cause, excuse failure to comply strictly with this rule.