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 Motion for Summary Judgment

 

 United States District Court
 Central District of California

This is a preview. For access to the full SmartRules Guide,
login or join now.

 

 Timing

Local Briefing Schedule Rules

Scheduling the Hearing

Most Central District judges designate a certain day of the week and time for civil motion hearings, and more...   

Moving Papers

If mailed, the notice of motion must be served not later than 31 days before the Motion Day more...

Opposition Papers

Opposition papers must be served and filed at least 21 days before the hearing date. . more...

Notice of Withdrawal or Non-Opposition

Any moving party who intends to withdraw the motion before the hearing date must file and serve a more...

Reply Papers

Reply papers must be served at least 14 days before the hearing date, not excluding Saturdays, Sundays and more...

If Hearing Date Continued

Unless otherwise specified by the court, the entry of an order continuing a hearing on a motion automatically more...

Lodge Deposition Transcripts 10 Days Before Hearing

Deposition transcripts to be used at trial or an evidentiary hearing shall be marked as provided in . more...

Cut-Off 30 Days After Close of Discovery

Unless a different time is set by local rule, a party may file a motion for summary judgment more...

  more...

 

 Rules & Requirements

Identify Claims or Defenses on Which Summary Judgment is Sought

A party may move for summary judgment, identifying each claim or defense--or the part of each claim or more...

Legal Standard--No Genuine Dispute as to Any Material Fact

"The court shall grant summary judgment if the movant shows that there is no genuine dispute as to more...

Opposing Papers--Showing Required

A party asserting that a fact cannot be or is genuinely disputed, must: more...

Cite to particular parts of materials in the record, including depositions, documents, electronically stored information, affidavits, declarations, stipulations, responses more...

Show that the materials cited to do not establish the absence or presence of a genuine dispute, or more...

. (eff 12/1/10). more...

Determination of Motion

In determining any motion for summary judgment or partial summary judgment, the Court may assume that the material more...

 Motion Papers

Motion

A motion must be made in writing, (unless made during a hearing or at trial), and must set more...

First Page Must Include Hearing Date and Time

On the first page of the notice of motion and every other document filed in connection with any more...

Notice of Motion

On the first page of the notice of motion and every other document filed in connection with any more...

Certification of Conference of Counsel

Except in exempt cases, or for discovery motions or applications for TROs or preliminary injunctions, all motions must more...

"This motion is made following the conference of counsel pursuant to Local Rule 7-3 which took place on more...

.

Memorandum of Points and Authorities

A memorandum of points and authorities must set forth the legal points and authorities and evidence on which more...

The Court may decline to consider any memorandum or other document not filed within the deadline set by more...

25 Page Limit on Briefs

Memoranda of points and authorities, pre-trial, trial, and post-trial briefs shall not exceed 25 pages in length, excluding indices more...

Table of Contents and Authorities

Any memorandum of points and authorities or any brief exceeding 10 pages in length, excluding exhibits, shall be more...

Entire Document Sequentially Numbered

Documents filed in the Central District must be numbered consecutively at the bottom of each page. . more...

Exhibits must be numbered consecutively with the principal document. . (amended 6/1/12) more...

Signature Required

Every pleading, written motion, and other paper must be signed by at least one attorney of record in more...

Local Rule Re Signature

All documents, except declarations, shall be signed by the attorney for the party or the party appearing more...

Electronic Signatures

Method of Signing

In the case of a document in which there is only one signatory, who is a registered CM/ECF more...

In the case of a single document (such as a stipulation) in which there are multiple signatories, all more...

In the case of documents requiring signatures other than those of registered CM/ECF Users (such as declarations), the more...

Maintenance of Original Hand-signed Documents

With respect to any electronically filed document containing a scanned copy of a hand-signed page, the filer shall more...

Effect of Signatures on Electronically Filed Documents

Any filing in accordance with this L.R. 5-4.3.4 shall bind the signatories as if the document were physically more...

Additional Requirements

Central District of California SmartRules Guide: GENERAL RULES AND FORMATTING REQUIREMENTS. more...

Statement of Uncontroverted Facts and Conclusions of Law

A party filing a notice of motion for summary judgment or partial summary judgment shall lodge a proposed more...

 Evidence

Objection--Fact Not Supported by Admissible Evidence

A party may object that the material cited to support or dispute a fact cannot be presented in more...

Court May Consider Material Not Cited

The court need consider only cited materials, but may consider other materials in the record. . (eff 12/1/10) more...

Affidavits and Declarations

Affidavits and declarations must be made on personal knowledge, set out facts that would be admissible in evidence, more...

Affidavit Submitted in Bad Faith

If satisfied that an affidavit or declaration is submitted in bad faith or solely for delay, the court, more...

When Facts Are Unavailable

If a non-movant shows that for specified reasons it cannot present facts essential to justify its opposition, the more...

(1) Defer considering the motion or deny it; more...

(2) Allow time to obtain discovery or affidavits; or more...

(3) Issue any appropriate order. more...

. (eff 12/1/10) more...

Failure to Address or Support Facts

If a party fails to properly assert or address a fact, the court may: more...

(1) Give an opportunity to properly support or address the fact; more...

(2) Consider the fact undisputed for purposes of the motion; more...

(3)Grant summary judgment if the motion and supporting materials show that the movant is entitled to summary judgment; more...

(4) Issue any appropriate order. more...

. (eff 12/1/10) more...

Declarations

Central District of California SmartRules procedural guide: DECLARATIONS. more...

Judicial Notice

A motion for summary judgment may be supported by matters of which the court may take judicial notice. more...

Evidence Must Support Factual Contentions

Declarations or other written evidence must support factual contentions in memoranda of points and authorities. The Court may require or allow oral examination of any declarant or witness. more...

Deposition Testimony

Deposition transcripts to be used at trial or an evidentiary hearing shall be marked as provided in . more...

 Additional Documents

Motions for Summary Judgment

A party filing a notice of motion for summary judgment or partial summary judgment shall lodge a proposed more...

Proposed Order

Central District of California SmartRules procedural guide: PROPOSED ORDER. more...

 FILING AND SERVICE

Electronic Filing Required in Most Cases

Except as provided in L.R. 5-4.2, all documents filed in civil cases must be filed electronically using the more...

For updated information regarding electronic (and traditional) filing requirements, Central District of California SmartRules procedural guide: FILING DOCUMENTS. more...

Traditional Filing and Service Rules

Filing and Service Required

All papers must be served on each of the parties. . Papers and certificate of service must be filed within a reasonable time after service. more...

Traditional Service

Service must be made by mail, personal delivery, or, with written consent, by any other means. . more...

Service Required; Proof of Service

Documents presented to the Clerk for filing or lodging in paper format (see ) must be served in more...

Electronically filed or lodged documents that must be served on one or more individuals who are not

All documents served under Local Rule 5-3.1.1 must be accompanied by a Proof of Service in the form more...

(amended 6/1/13). more...

Attached Proof of Service Must Be At End of Document

If the proof of service is attached to the document, it must be the last page. (amended eff 6/1/13). more...

 HEARING AND DISPOSITION

Advance Notice of Withdrawal or Non-Opposition

Any moving party who intends to withdraw the motion before the hearing date must file and serve a more...

Appearance

Counsel for both parties must be present and familiar with the case. Failure to appear may result in an adverse ruling. more...

Preparation of Order

When the Court orders a party to prepare an order, it must be served and lodged with the more...

 Judgment and Effect on Trial

Judgment

After notice and a reasonable time to respond, the court may: more...

(1) Grant summary judgment for a nonmovant; more...

(2) Grant summary judgment on grounds not raised by a party; more...

(3)Consider summary judgment on its own after identifying for the parties materal facts that may not e genuinely more...

.

Failure to Grant All Relief Requested

If the court grants less than all relief requested, it may enter an order stating any material fact, more...

.

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