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Rule 7056-1. Summary Judgment

Chapter: 
Part VII. Adversary Proceedings

            A.         Movant. When a motion for summary judgment is filed, the movant must file a brief and evidentiary materials on which the movant relies. The movant does not have to refile evidentiary materials already on the docket. The movant’s brief must contain a separate statement of facts, in short, numbered paragraphs, as to which the movant contends there is no genuine issue of material fact to be tried and which entitle the movant to judgment as a matter of law. The statement must describe the parties and recite all facts supporting the court’s venue and jurisdiction. Within 10 days after the nonmovant files a resistance and brief, the movant may file a brief in reply to matters raised in the nonmovant’s brief and not previously addressed in appellant’s brief.

            B.         Opposing Party. With the resistance, the nonmovant must contemporaneously file a brief and any evidentiary materials not previously filed on which the nonmovant relies. The nonmovant’s brief must contain a concise response to each numbered paragraph in the movant’s statement. Any material fact the nonmovant does not controvert will be deemed admitted. If the nonmovant does not file a brief, this alone will not be a confession of the motion.

            C.         Citations. The movant’s statement of facts and the nonmovant’s response must contain pinpoint references to evidence filed on the docket and may not contain legal conclusions. Deposition testimony must be cited by page and line.

            D.         Argument. The court will determine whether to schedule oral argument.