MOTION FOR SUMMARY JUDGMENT

U.S. District Court for the District of South Dakota

Rule Set: Civil Local Rules of the U.S. District Court for the District of South Dakota

Rule: 56.1

Jurisdiction: DSD

Bluebook Citation: D.S.D. L.R. 56.1

All Rules: D.S.D. Civil Local Rules, complete index


Text

A. Moving Party=s Required Statement of Material Facts.

All motions for summary judgment must be accompanied by a separate, short, and concise statement of the material facts as to which the moving party contends there is no genuine issue to be tried. Each material fact must be presented in a separate numbered statement with an appropriate citation to the record in the case.

B. Opposing Party=s Required Statement of Material Facts.

A party opposing a motion for summary judgment must respond to each numbered paragraph in the moving party=s statement of material facts with a separately numbered response and appropriate citations to the record. A party opposing a motion for summary judgment must identify any material facts on which there exists a genuine material issue to be tried.

C. Use of Documentary Evidence.

A party must attach to an affidavit all relevant documentary evidence in support of or in opposition to a motion for summary judgment. The evidence should be submitted with proper highlighting or underlining as encouraged by D.S.D. Civ. LR 7.1B2.

D. Effect of Omission: Sanction.

All material facts set forth in the movant=s statement of material facts will be deemed to be admitted unless controverted by the opposing party=s response to the moving party=s statement of material facts. 13 2/28/2025

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