A trial is necessary only when there are disputed issues of fact. After the discovery period has ended, it may become apparent that the facts in the case are not in dispute, and one or more parties may file a motion for summary judgment. A motion for summary judgment can be filed at any time after the answer is filed. Each judge in this district states in his or her pretrial instructions ( eg. scheduling order) a deadline for when a motion for summary judgment must be filed; therefore, it is important to read these instructions carefully.
The party filing a motion for summary judgment must file and serve the following documents:
(2) An Affidavit setting forth in evidentiary form the facts which the moving party claims are not in dispute and entitle him or her to relief without a trial. The affidavit can only state facts that the person signing the affidavit has personal knowledge of and should attach as exhibits such things as documents, deposition transcripts, interrogatory answers and all other evidence that support the motion;
(3) A Memorandum of Law which should set forth a short statement of facts on which the motion is based and a discussion of the cases, statutes and/or regulations which you claim support your motion for summary judgment;
(4) A Statement of Material Facts Not in Dispute. Local Rule of Civil Procedure 56 requires that the moving party set forth on a separate document and in separately numbered paragraphs all of the facts in the case that are not in dispute. The failure to file and serve this Statement may result in denial of the motion for summary judgment; and
(5) A Certificate of Service stating that you served (mailed) a copy of all your moving papers on the opposing party’s counsel or the opposing party if he or she is pro se.
(2) A Memorandum of Law which should set forth a short statement of facts about the case and what facts are in dispute, and a discussion of the cases, statutes and/or regulations which you claim support your argument that summary judgment should be denied;
(3) A Statement of Material Facts that are in Dispute. Local Rule of Civil Procedure 56 requires that the responding or opposing party set forth on a separate document and in separately numbered paragraphs all of the material facts in the case that are in dispute; and
(4) A Certificate of Service stating that you served (mailed) a copy of all your responding papers on the opposing party’s counsel or the opposing party if he or she is pro se.
