Summary Judgment (updated February 10, 2017 and December 1, 2017)
U.S. Bankruptcy Court for the Middle District of Georgia
Text
(a) Statement of Uncontested Material Facts. Upon filing any motion for summary judgment pursuant to FRBP 7056, the movant shall file and serve a supporting brief and a separate, short, and concise statement of the material facts as to which the movant contends there is no genuine issue to be tried, including specific reference to those parts of the pleadings, depositions, answers to interrogatories, admissions, and affidavits that support such contention. 31 Back to TOC (b) Response. The party or parties opposing a motion for summary judgment shall file their response with supporting brief and a separate, short, and concise statement of the material facts as to which it is contended that there exists a genuine issue to be tried, including specific reference to those parts of the pleadings, depositions, answers to interrogatories, admissions, and affidavits that support such contentions.
Any such response shall be filed and served within 21 days of service of movant’s brief and Statement of Uncontested Material Facts. (c) Time Limit for Reply. (added December 1, 2017) Movant’s counsel shall file and serve any desired reply brief, argument, or affidavit within fourteen (14) days after service of respondent’s response, brief, or affidavit. (d) Facts Deemed Admitted.
All material facts set forth in the statement served by the movant may be deemed admitted unless controverted by the statement required to be served by the opposing party or parties. (e) Failure to Comply. Failure to comply with this Rule by the movant may result in denial of the motion. 32 Back to TOC PART VIII.