Summary Judgment
N.D. Ill. — ## §7.
§7. Summary Judgment
NDIL has detailed local rules governing summary judgment practice. LR 56.1 is one of the most structured summary judgment frameworks among federal districts.
Moving Party Must File (LR 56.1(a))
- A supporting memorandum of law (LR 56.1(g))
- A statement of material facts that complies with LR 56.1(d), with attached evidentiary material
Failure to comply with either requirement may be grounds for denial of the motion (LR 56.1(a)(3)).
Opposing Party Must File (LR 56.1(b))
- A supporting memorandum of law
- A response to the movant's statement of material facts — paragraph-by-paragraph (LR 56.1(e))
- Optionally, a statement of additional material facts (LR 56.1(d))
Statement of Material Facts Requirements (LR 56.1(d))
| Requirement | Details | Rule |
|---|---|---|
| Format | Concise numbered paragraphs | LR 56.1(d)(1) |
| Citations | Each fact must cite specific evidentiary material, including page numbers | LR 56.1(d)(2) |
| Evidentiary material | Must be attached as numbered exhibits | LR 56.1(d)(3) |
| No legal argument | Statements of fact must not contain legal argument | LR 56.1(d)(4) |
| Movant's statement limit | 80 numbered paragraphs maximum | LR 56.1(d)(5) |
| Opposing party's additional facts limit | 40 numbered paragraphs maximum | LR 56.1(d)(5) |
| Exceeding limits | Requires court permission | LR 56.1(d)(5) |
Response to Statement of Facts (LR 56.1(e))
Each response must:
- Correspond paragraph-by-paragraph to the movant's statement
- Either admit, dispute, or admit in part and dispute in part each asserted fact
- Cite specific evidentiary material to support any dispute — must concisely explain how the cited material controverts the fact
- Not set forth new facts (those go in the statement of additional facts)
- Not assert legal arguments (except for evidentiary objections)
Critical consequence: Asserted facts may be deemed admitted if not controverted with specific citations to evidentiary material (LR 56.1(e)(3)).
Reply (LR 56.1(c)/(f))
The movant may file:
- A reply memorandum of law
- A response to any statement of additional material facts
No reply to a LR 56.1(b)(2) or (c)(2) response is permitted without court permission (LR 56.1(f)).
Memorandum of Law (LR 56.1(g))
Each memorandum must set forth legal argument and may include a statement of facts. When addressing facts, the memorandum must cite directly to specific paragraphs in the LR 56.1 statements or responses.
Notice to Pro Se Litigants (LR 56.2)
Any party moving for summary judgment against an unrepresented party must serve the LR 56.2 Notice along with copies of FRCP 56, LR 56.1, and the Notice itself.