Summary Judgment

(a) Motion Practice Not Modified Generally. Except as expressly modified, the motion practice prescribed by Local Bankruptcy Rules 7007-1 through 7007-3 is not affected by this rule. (b) Limits on Time for Filing and Number of Motions. (1) Time for Filing.

Unless otherwise directed by the Presiding Judge, no motion for summary judgment may be filed within forty-five (45) days of the scheduled trial setting. (2) Number. Unless otherwise directed by the Presiding Judge, or permitted by law, a party may file no more than one (1) motion for summary judgment. (c) Content of Motion and Response.

42 District Court Local Civil Rules 56.1 and 56.2 shall apply in this court. (d) Notice of Hearing. The moving party must serve a notice of hearing which contains the twenty-one (21) day “if and only if” notice language described in LBR 9007-1(b). Responses must be filed not later than seven (7) days prior to the scheduled hearing.

(e) Briefing Requirements. (1) Brief Required. A summary judgment motion or a response shall 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. The brief shall be filed as a separate document from the motion or response that it supports.

(2) Length of Briefs. The requirements of Local Bankruptcy Rule 7007-2 apply to briefs filed pursuant to this rule. (3) Citations to Appendix. A party whose motion or response is accompanied by an appendix shall include in its brief citations to each page of the appendix that supports each assertion that the party makes concerning the summary judgment evidence.

(f) Appendix or Exhibit Requirements. (1) Appendix or Exhibit Required. A party who relies on affidavits, declarations, depositions, answers interrogatories, or admissions on file to support or oppose a motion for summary judgment shall include such evidence in an appendix or exhibit. (2) Appendix or Exhibit Format.

(i) (ii) The appendix or exhibit shall be assembled as a self-contained document, separate from the motion and brief or response and brief. Each page of the appendix or exhibit shall measure 8½ x 11 inches. Non-documentary exhibits and oversized exhibits that are included in the appendix shall be placed in an envelope that measures 9 x 12 inches. 43 (iii) Each page of the appendix or exhibit shall be numbered legibly in the lower, right-hand corner.

(g) Limit on Supplemental Materials. 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.