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RULE 7056-1. SUMMARY JUDGMENT PROCEDURE

Chapter: 
PART VII. ADVERSARY PROCEEDINGS

A.      Summary Judgment Motions.  Except as otherwise provided in this Rule, 9013-1 and the procedures of NECivR 56.1 apply to motions for summary judgment.  The Court will determine on a case-by-case basis whether to schedule summary judgment motions for oral argument.

B.      Moving Party.

1.      Motion and Supporting Materials.  The moving party shall contemporaneously file a brief in support of the motion.  The moving party shall also contemporaneously file the evidentiary materials upon which the party is relying, or identify any previously filed evidentiary materials upon which the party is relying.

2.      Statement of Material Facts.  The moving party shall set forth in the brief in support of the motion for summary judgment a separate statement of material facts as to which the moving party contends there is no genuine issue to be tried and that entitle the moving party to judgment as a matter of law.  Failure to submit a statement of facts constitutes grounds for denial of the motion.

3.      Form; Citation to Record.  The statement of facts shall consist of short numbered paragraphs, each containing pinpoint references to affidavits, pleadings, discovery responses, deposition testimony (by page and line), or other materials relied upon to support the material facts recited in that paragraph.  A fact is “material” if pertinent to the outcome of the issues identified in the motion for summary judgment.  The statement of facts shall describe the parties and recite all facts supporting the Court’s venue and jurisdiction.  The statement shall not contain legal conclusions.  Failure to provide citations to the exact locations in the record supporting the factual allegations shall be grounds to deny the motion.

C.      Opposing Party.

1.      Response to the Motion.  A party resisting a motion for summary judgment must file a written objection or resistance pursuant to Neb. R. Bankr. P. 9013-1.  A brief in support of the resistance, along with any evidentiary materials not previously filed on which the objecting party relies, should be filed at the same time as the resistance or objection.

2.      Response to Movant’s Statement.  The party opposing a motion for summary judgment shall include in its brief a concise response to the moving party’s statement of material facts.  The response shall address each numbered paragraph in the movant’s statement and, in the case of any disagreement, contain pinpoint references to affidavits, pleadings, discovery responses, deposition testimony (by page and line), or other materials upon which the opposing party relies.  Properly referenced material facts in the movant’s statement will be deemed admitted unless controverted by the opposing party’s response.

3.      Response Time.  An opposing brief may be filed no later than 21 days after service of the motion and supporting brief.  Failure to file an opposing brief alone shall not be considered to be a confession of the motion; however, nothing in this Rule shall excuse a party opposing a motion for summary judgment from meeting the party’s burden under Fed. R. Civ. P. 56, made applicable to bankruptcy cases by Fed. R. Bankr. P. 7056.