Motion for Summary Judgment

Official Procedure Last Change May 24, 2016

Motion for Summary Judgment

How to file:

Location of event: Adversary > Motions & Briefs > Summary Judgment, Motion for

Things to be aware of when filing: A brief that complies with S. D. Ind. B-7056-1 must accompany the motion.

General Information

  • A Motion for Summary Judgment can be filed by a party to a legal case or adversary proceeding who believes that there is no genuine dispute as to any material fact and that the party is entitled to judgment as a matter of law.
  • If the opposing party objects to the Motion for Summary Judgment, they have 28 days from the date of service of the Motion for Summary Judgment to file a response brief supporting their opposition. This must be filed using the Brief event, not the Response event.
  • If such a supporting brief is filed, the filer of the Motion for Summary Judgment then has 14 days to file a reply brief.
  • If the reply brief relies upon evidence not previously cited or objects to the admissibility of the non-moving party’s evidence, the non-moving party may file a surreply brief limited to such new evidence and objections, no later than 7 days after service of the reply brief.

Filing Requirements

  • The Motion must be signed by the filing party or their attorney.
  • A Certificate of Service must be included.
  • A supporting brief must accompany the Motion. The brief must include a section labeled Statement of Material Facts Not in Dispute containing (1) the facts potentially determinative of the motion, and (2) the facts as to which the moving party contends there is no genuine issue.
  • If seeking a summary judgment against an unrepresented party, a notice must be filed that complies with S. D. Ind. B-7056-1(g). This notice may be included with the motion or filed separately using the Summary Judgment Notice to Pro Se Party event. A Certificate of Service must accompany the Notice to Pro Se Party.
  • A proposed judgment must be uploaded. If the judgment relates to a request to avoid a wholly unsecured mortgage or lien, it must state both the common address and legal description of the affected property.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Adversary > Motions & Briefs.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Summary Judgment, Motion for from the event list and click Next.

5. Select appropriate radio button to indicate whether or not the Motion you are filing is amended.

6. Check box if jointly filing with another attorney. Click Next.

7. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next.

Note: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.

8. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

9. Browse to attach the document to be filed (pdf file). Click Next.

10. The deadline for the opposing party to file their brief is calculated and displayed. Click Next.

11. If you indicated in step 5 that you are filing an amended motion, select the motion that is being amended. Click Next.

12. Select prefix text, if applicable, and click Next.

Note: The prefix text option is not available if you indicated in Step 5 that the Application you are filing is amended.

13. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

14. Upload proposed judgment.