TX-ND -- Summary Judgment

TX-ND's summary judgment local rules (LR 56.1-56.7) impose a separate and detailed motion structure that runs parallel to, rather than replacing, the standard motion practice rules in LR 7.1-7.3.

LR 56.1 -- General: 'Except as expressly modified, the motion practice prescribed by LR 7.1-7.3 is not affected by LR 56.2-56.7.'

LR 56.2 -- Time Limit and Number:

'(a) Time for Filing. Unless otherwise directed by the presiding judge, no motion for summary judgment may be filed within 90 days of the trial setting.

(b) Number. Unless otherwise directed by the presiding judge, or permitted by law, a party may file no more than one motion for summary judgment.'

LR 56.3 -- Content of Motion:

'(a) Except as provided in subsection (b) of this rule, a motion for summary judgment must, in addition to the contents required by Fed. R. Civ. P. 56(a),

(1) on the first page, under the heading "summary," state concisely the elements of each claim or defense as to which summary judgment is sought, and

(2) if the motion is accompanied by an appendix and it is necessary to cite support for an assertion about the absence or presence of a genuine dispute of fact, comply with LR 56.5(c).

(b) A moving party may satisfy the requirements of subsection (a) of this rule by stating in its motion that each of the required matters will be set forth in the party's brief.

(c) If a moving party seeks summary judgment on fewer than all claims or defenses, the motion must be styled as a motion for partial summary judgment.

(d) A motion for summary judgment must not contain argument and authorities.'

LR 56.4 -- Content of Response:

'(a) Except as provided in subsection (b) of this rule, a response to a motion for summary judgment must

(1) state in reasonably concise terms why the responding party opposes the motion, and

(2) if the response is accompanied by an appendix and it is necessary to cite support for an assertion about the absence or presence of a genuine dispute of fact, comply with LR 56.5(c).

(b) A responding party may satisfy the requirements of subsection (a) of this rule by stating in its response that each of the required matters will be set forth in the party's brief.

(c) A response to a motion for summary judgment must not contain argument and authorities.'

LR 56.5 -- Brief Required; Length:

'(a) Brief Required. A summary judgment motion and a response must be accompanied by a brief that sets forth the argument and authorities on which the party relies in support of or opposition to a motion, and must contain the matters required by LR 56.3(a) or LR 56.4(a) if the party has opted to comply with those rules by including the required matters in its brief. Notwithstanding LR 5.1(c), the brief must be filed as a separate document from the motion or response that it supports.

(b) Length of Briefs. The requirements of LR 7.2 apply to briefs filed pursuant to LR 56.5(a), except that, excluding the table of contents and table of authorities, the length of a principal brief must not exceed 50 pages and a reply brief must not exceed 25 pages. The presiding judge, by order or other appropriate notice issued in a civil action, may restrict the length of briefs to fewer pages than are permitted by this rule.

(c) Citations to Appendix. When citing materials in the record, as required by Fed. R. Civ. P. 56(c)(1)(A) or (B), a party must support each assertion by citing each relevant page of its own or the opposing party's appendix.'

LR 56.6 -- Appendix Required:

'(a) Appendix Required. A party who relies on materials in the record -- including depositions, documents, electronically stored information, affidavits, declarations, stipulations, admissions, interrogatory answers, or other materials -- to support or oppose a motion for summary judgment must include the materials in an appendix.

(b) Appendix Requirements.

(1) The appendix must be assembled as a self-contained document, separate from the motion and brief or response and brief.

(2) Each page of the appendix must measure 8 1/2 x 11 inches. Non-documentary materials (e.g., videotapes and other physical materials) and oversized materials (e.g., maps and schematic drawings) that are included in the appendix must be placed in an envelope that measures 9 x 12 inches.

(3) Each page of the appendix must be numbered legibly in the lower, right-hand corner. The first page must be numbered as "1," and succeeding pages must be numbered sequentially through the last page of the entire appendix (i.e., the numbering system must not re-start with each succeeding document in the appendix). An envelope that contains non-documentary or oversized materials must be numbered as if it were a single page.'

LR 56.7 -- No Supplemental Materials Without Leave:

'Except for the motions, responses, replies, briefs, and appendixes required by these rules, a party may not, without the permission of the presiding judge, file supplemental pleadings, briefs, authorities, or evidence.'

Practical note: TX-ND does not require a separate statement of undisputed facts (unlike many districts). The motion must carry a first-page 'summary' of elements at issue, but argument and authorities belong exclusively in the separately-filed brief. The motion and brief are distinct documents.