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Under Rule 56 of the Federal Rules of Civil Procedure, the summary judgment standard is only granted if: The movant shows the court that there is no genuine dispute as to any facts of the case.
1. A responding party should file additional proposed findings of fact if it needs them to defeat the motion for summary judgment. 2. The purpose of additional proposed findings of fact is to SUPPLEMENT the moving party's proposed findings of fact, not to dispute any facts proposed by the moving party.
If you are opposing a motion for summary judgment, your affidavit or affirmation should attach and refer to any relevant exhibits. You may also attach affidavits or affirmations from other people who have personal knowledge of relevant information regarding the motion.
Opposing a motion (other than a motion seeking an extension of time) must file, within fourteen (14) days after service of the motion, a single memorandum containing any relevant argument and citations to authorities on which the party relies.
Reply Deadline The deadline to file a Reply is no later than 14 days before the hearing date set for the Motion.
Reply Deadline The deadline to file a Reply is no later than 14 days before the hearing date set for the Motion.
Briefly describe the relevant undisputed facts of the case. Describe why summary judgment should be granted. I look for opportunities here to grab the judge's attention by telling him or her that I am dropping one of my arguments, and stating why. This lets the judge know I am not going to waste the court's time.
A party opposing a summary judgment motion must, within 28 days after the movant serves the motion, file and serve a response brief and any evidence (that is not already in the record) that the party relies on to oppose the motion.