Official Procedure Last Change May 1, 2017

Response and reply briefs for summary judgments

General Information

• If the opposing party objects to a 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.
• If such a response brief is filed, the filer of the Motion for Summary Judgment then has 14 days from the service date of the response brief 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 document must be signed by the filing party or their attorney.
• A Certificate of Service must be included.
• Other filing requirements apply - see S. D. Ind. B-7056-1 for full details.

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 Brief (including Response Brief, Reply Brief, Surreply Brief, etc.) from the event list and click Next.

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

6. 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.

7. 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.

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

9. Select the Response brief, Reply brief or Surreply brief radio button, as appropriate, and click Next.

10. Click Next at the category selections screen.

11. The docket is displayed. Select the Motion for Summary Judgment to which your brief relates and click Next.

12. If you indicated that you are filing a response brief, you are asked whether you are opposing the Motion for Summary Judgment. Select Yes if you were not the
filer of the Motion, and click Next.

13. If you indicated in step 12 that you are filing a response opposing the Motion for Summary Judgment, enter the date of service of the brief, as shown on the PDF. Note that this may be different from today's date. Click Next. The Reply Brief Due date is calculated and displayed. Click Next.

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

15. 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.