EVIDENTIARY OBJECTIONS TO FACTUAL ALLEGATIONS

U.S. District Court for the Middle District of North Carolina

Rule Set: Local Civil Rules of the U.S. District Court for the Middle District of North Carolina

Rule: 7.6

Jurisdiction: MDNC

Bluebook Citation: M.D.N.C. L.R. 7.6

All Rules: M.D.N.C. Local Civil Rules, complete index


Text

CONTAINED IN MEMORANDA OR REPLIES SUPPORTING MOTIONS TO DISMISS, MOTIONS FOR SUMMARY JUDGMENT, AND OTHER MOTIONS Rather than filing a motion to strike, a party may assert evidentiary objections in its response or reply memorandum to factual allegations contained in memoranda or replies supporting or opposing motions to dismiss, motions for summary judgment, and other motions. If an evidentiary objection is raised in the non-moving party's response memorandum, the moving party may address the objection in its reply memorandum. The non-moving party may not file further briefing on its evidentiary objection. If an evidentiary objection is raised by the moving party in its reply memorandum, the non- moving party may file a surreply memorandum pursuant to this subparagraph within seven (7) days addressing only the evidentiary objection.

The moving party may not file further briefing on its evidentiary objection. If a party asserts an evidentiary objection in a motion to strike evidence, no reply memorandum is permitted. If a separate motion to strike is filed asserting evidentiary objections, the motion to strike may be summarily denied by the Court, and any issues instead addressed in the ruling on the underlying motion.

Chat with this local rule using AI

Ask CiteLaw's AI Navigator anything about this local rule, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.