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From Judge Chang’s website:

Summary Judgment
Motions for summary judgment and responses must comply with Local Rules 56.1(a) and 56.1(b), as well
as the procedures outlined herein. All statements of undisputed material facts and their responses shall be
filed separately from the memoranda of law and shall include the line, paragraph, or page number where
the supporting material may be found in the record.
The Local Rules are not mere technicalities. Failure to abide by the Local Rules may result in the Court
striking briefs, disregarding statements of fact, deeming statements of fact admitted, and denying
summary judgment. See Cracco v. Vitran Exp., Inc., 559 F.3d 625, 632 (7th Cir. 2009).

The movant shall not file more than 80 statements of undisputed material facts without prior leave of the
Court. The respondent shall be limited to 40 statements of undisputed material facts without prior leave of
the Court. In complex cases, the Court might request that the parties submit a timeline of events in
addition to the statements of undisputed material facts.

From Judge Kendall’s web site:


Summary Judgment Motions
The Court requires strict compliance with Rule 56.1(f) which provides as follows:
Collateral motions in the summary judgment process, such as motions to strike,
are disfavored. Any dispute regarding the admissibility or effect of evidence
should be addressed in the briefs.

Motions for summary judgment and responses must comply with Local Rules 56.1(a) and 56.1(b), as well
as the procedures outlined herein. The statements of undisputed material fact and responses shall be filed
separately from the memoranda of law and shall include the line, paragraph, or page number where the
supporting material may be found in the record. Courtesy copies of exhibits to summary judgment motions
should be tabbed for easy access. The parties are to include only the relevant portions of any deposition
cited to, including 2 pages before and 2 pages after the cite.

Failure to abide by the Local Rules may result in the Court striking briefs, disregarding statements of fact,
deeming statements of fact admitted, or denying summary judgment. The movant shall not file more than
80 statements of undisputed material fact without prior leave of Court. The respondent shall be limited to
40 statements of undisputed material fact absent prior leave of the Court. In complex cases, the Court
may request that the parties submit a timeline of events in addition to the statements of undisputed
material fact.

Note: The court does not control nor can it guarantee the accuracy, relevance, timeliness, or completeness of this information. Neither is it intended to endorse any view expressed nor reflect
its importance by inclusion in this site.
Local Rules 56.1(a) and 56.1(b)

Northern District Of Illinois - Local Rules

LR56.1. Motions for Summary Judgment

a) Moving Party. With each motion for summary judgment filed pursuant to Fed.R.Civ.P. 56
the moving party shall serve and file—

(1) any affidavits and other materials referred to in Fed.R.Civ.P. 56(e);

(2) a supporting memorandum of law; and


(3) a statement of material facts as to which the moving party contends there is no genuine issue
and that entitle the moving party to a judgment as a matter of law, and that also includes:
(A) a description of the parties, and
(B) all facts supporting venue and jurisdiction in this court.

The statement referred to in (3) shall consist of short numbered paragraphs, including within
each paragraph specific references to the affidavits, parts of the record, and other supporting
materials relied upon to support the facts set forth in that paragraph. Failure to submit such a
statement constitutes grounds for denial of the motion. Absent prior leave of Court, a movant
shall not file more than 80 separately-numbered statements of undisputed material fact.

If additional material facts are submitted by the opposing party pursuant to section (b), the
moving party may submit a concise reply in the form prescribed in that section for a response.
All material facts set forth in the statement filed pursuant to section (b)(3)(C) will be deemed
admitted unless controverted by the statement of the moving party.

(b) Opposing Party. Each party opposing a motion filed pursuant to Fed.R.Civ.P. 56 shall serve
and file—

(1) any opposing affidavits and other materials referred to in Fed.R.Civ.P. 56(e);
(2) a supporting memorandum of law; and

(3) a concise response to the movant’s statement that shall contain:

(A) numbered paragraphs, each corresponding to and stating a concise summary of the paragraph
to which it is directed, and

(B) a response to each numbered paragraph in the moving party’s statement, including, in the
case of any disagreement, specific references to the affidavits, parts of the record, and other
supporting materials relied upon, and
(C) a statement, consisting of short numbered paragraphs, of any additional facts that require the
denial of summary judgment, including references to the affidavits, parts of the record, and other
supporting materials relied upon. Absent prior leave of Court, a respondent to a summary
judgment motion shall not file more than 40 separately-numbered statements of additional facts.
All material facts set forth in the statement required of the moving party will be deemed to be
admitted unless controverted by the statement of the opposing party.

Committee Comment

Local Rule 56.1 is revised to set forth limits on the number of statements of fact that may be
offered in connection with a summary judgment motion. The judges of this Court have observed
that parties frequently include in their LR56.1 statements facts that are unnecessary to the motion
and/or are disputed. The judges’ observation is that in the vast

majority of cases, a limit of 80 asserted statements of fact and 40 assertions of additional


statements of fact will be more than sufficient to determine whether the case is appropriate for
summary judgment. The number of statements of fact has been set in light of the requirement of
section (a) (3), which requires that only "material facts" be set down. A party may seek leave to
file more asserted statements of fact or additional fact, upon a showing that the complexity of the
case requires a relaxation of the 80 or 40 statement limit.

Adopted April 20, 2006

FRCP - Rule 56. Summary Judgment


(a) Motion for Summary Judgment or Partial Summary Judgment. A
party may move for summary judgment, identifying each claim or
defense — or the part of each claim or defense — on which summary
judgment is sought. The court shall grant summary judgment if the
movant shows that there is no genuine dispute as to any material fact and
the movant is entitled to judgment as a matter of law. The court should
state on the record the reasons for granting or denying the motion.
(b) Time to File a Motion. Unless a different time is set by local rule or the
court orders otherwise, a party may file a motion for summary judgment
at any time until 30 days after the close of all discovery.
(c) Procedures.
(1) Supporting Factual Positions. A party asserting that a fact cannot
be or is genuinely disputed must support the assertion by:
(A) citing to particular parts of materials in the record, including
depositions, documents, electronically stored information,
affidavits or declarations, stipulations (including those made
for purposes of the motion only), admissions, interrogatory
answers, or other materials; or
(B) showing that the materials cited do not establish the absence or
presence of a genuine dispute, or that an adverse party cannot
produce admissible evidence to support the fact.
(2) Objection That a Fact Is Not Supported by Admissible Evidence. A
party may object that the material cited to support or dispute a fact
cannot be presented in a form that would be admissible in evidence.
(3) Materials Not Cited. The court need consider only the cited
materials, but it may consider other materials in the record.
(4) Affidavits or Declarations. An affidavit or declaration used to
support or oppose a motion must be made on personal knowledge,
set out facts that would be admissible in evidence, and show that
the affiant or declarant is competent to testify on the matters stated.
(d) When Facts Are Unavailable to the Nonmovant. If a nonmovant shows
by affidavit or declaration that, for specified reasons, it cannot present
facts essential to justify its opposition, the court may:
(1) defer considering the motion or deny it;
(2) allow time to obtain affidavits or declarations or to take discovery; or
(3) issue any other appropriate order.
(e) Failing to Properly Support or Address a Fact. If a party fails to
properly support an assertion of fact or fails to properly address another
party’s assertion of fact as required by Rule 56(c), the court may:
(1) give an opportunity to properly support or address the fact;
(2) consider the fact undisputed for purposes of the motion;
(3) grant summary judgment if the motion and supporting materials —
including the facts considered undisputed — show that the movant
is entitled to it; or
(4) issue any other appropriate order.
(f) Judgment Independent of the Motion. After giving notice and a
reasonable time to respond, the court may:
(1) grant summary judgment for a nonmovant;
(2) grant the motion on grounds not raised by a party; or
(3) consider summary judgment on its own after identifying for the
parties material facts that may not be genuinely in dispute.
(g) Failing to Grant All the Requested Relief. If the court does not grant all
the relief requested by the motion, it may enter an order stating any
material fact — including an item of damages or other relief — that is
not genuinely in dispute and treating the fact as established in the case.
(h) Affidavit or Declaration Submitted in Bad Faith. If satisfied that an
affidavit or declaration under this rule is submitted in bad faith or solely
for delay, the court — after notice and a reasonable time to respond —
may order the submitting party to pay the other party the reasonable
expenses, including attorney’s fees, it incurred as a result. An offending
party or attorney may also be held in contempt or subjected to other
appropriate sanctions.

LR56.2. Notice to Pro Se Litigants Opposing Summary Judgement


Any party moving for summary judgment against a party proceeding pro se shall serve and file
as a separate document, together with the papers in support of the motion, a “Notice to Pro Se
Litigant Opposing Motion for Summary Judgment” in the form indicated below. Where the pro
se party is not the plaintiff, the movant should amend the form notice as necessary to reflect that
fact.

NOTICE TO PRO SE LITIGANT OPPOSING MOTION FOR SUMMARY JUDGMENT

The defendant has moved for summary judgment against you. This means that the defendant is telling the
judge that there is no disagreement about the important facts of the case.The defendant is also claiming
that there is no need for a trial of your case and is asking the judge to decide that the defendant should
win the case based on its written argument about what the law is.

In order to defeat the defendant’s request, you need to do one of two things: you need to show that there
is a dispute about important facts and a trial is needed to decide what the actual facts are or you need to
explain why the defendant is wrong about what the law is.

Your response must comply with Rule 56(e) of the Federal Rules of Civil Procedure and Local Rule 56.1
of this court. These rules are available at any law library. Your Rule 56.1 statement needs to have
numbered paragraphs responding to each paragraph in the defendant’s statement of facts. If you disagree
with any fact offered by the defendant, you need to explain how and why you disagree with the
defendant. You also need to explain how the documents or declarations that you are submitting support
your version of the facts. If you think that some of the facts offered by the defendant are immaterial or
irrelevant, you need to explain why you believe that those facts should not be considered.

In your response, you must also describe and include copies of documents which show why you disagree
with the defendant about the facts of the case. You may rely upon your own declaration or the
declarations of other witnesses. A declaration is a signed statement by a witness.The declaration must
end with the following phrase: “I declare under penalty of perjury under the laws of the United States
that the foregoing is true and correct,” and must be dated. If you do not provide the Court with evidence
that shows that there is a dispute about the facts, the judge will be required to assume that the defendant’s
factual contentions are true, and, if the defendant is also correct about the law, your case will be
dismissed.

If you choose to do so, you may offer the Court a list of facts that you believe are in dispute and require a
trial to decide. Your list of disputed facts should be supported by your documents or declarations. It is
important that you comply fully with these rules and respond to each fact offered by the defendant, and
explain how your documents or declarations support your position. If you do not do so, the judge will be
forced to assume that you do not dispute the facts which you have not responded to.

Finally, you should explain why you think the defendant is wrong about what the law is.

From Wikipedia Link - http://lawschool.mikeshecket.com/civpro/civilprocedureoutline.htm

Summary judgment – Rule 56

When we take a case away from a jury, we are affecting the equity interests of the parties that are
litigating. We do that when there’s nothing to actually be tried because it’s more efficient. Based
on the Celotex standard, we may deny you your day in court in the name of efficiency. The
Celotex standard says that summary judgment should be entered after discovery against a party
who “fails to make a showing sufficient to establish the existence of an element essential to that
party’s case”. Summary judgment is a way in which cases are resolved on the papers. It’s like a
motion to dismiss. When a court enters summary judgment, it’s all over. It’s like there was
judgment at a trial. Your only recourse is an appeal.

Houchens v. American Home Assurance Co. – Summary judgment shall be granted after
discovery against a party that fails to show they could establish some essential element of their
case which they have the burden to prove at trial. Either side can seek summary judgment, but
it’s typically a defendant’s type of motion. It’s not limited to that, though. Summary judgment is
a procedural mechanism to get a final, binding determination on the merits such that the moving
party wins. Implicit in that is that there is no need to go to trial: there is nothing to try in this case
because the court has everything it needs to make its decision as a matter of law.

The standards for summary judgment come from Rule 56. The standard is that there is no
genuine issue of material fact. If there is an issue of fact, the summary judgment must be denied
because the factfinder gets to resolve that factual dispute. Summary judgment says that there’s
nothing to trial because all the facts are clear and if we accept those facts they do not amount to a
recoverable claim.

The Supreme Court has elaborated on the standard in Celotex. They said you can get summary
judgment if, “after adequate time for discovery”, the losing party “fails to make a showing
sufficient to establish the existence of an element essential to that party’s case, and on which that
party will bear the burden of proof at trial”.

What kind of evidence does the court consider on summary judgment? They can look at the
requests for production of documents. Those documents form evidence that you can use at this
stage. The depositions will create transcripts that you can use as evidence at this stage. You can
also use interrogatories and requests for admissions. Most importantly, affidavits are very
important. At minimum, you as the attorney will have to write an affidavit that the copies you
submitted as evidence were “true and correct” copies of the documents given to you.