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 Opposition to Motion for Summary Judgment

 

 United States District Court
 District of New Jersey

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

 

 Timing

Local Summary Judgment Briefing Schedule

All Motions Presented According to Local Rule 7.1

All motions, regardless of their complexity and the relief sought, must be presented and defended in the manner more...   

Scheduling Motions

All applications, other than applications under L.Civ.R. 65.1, by notice of motion or otherwise, shall be made returnable more...

Motion Days

The regular motion days for all vicinages are the first and third Monday of each month. Whenever a more...

Opposition Papers Due 14 Days Before Motion Day

The brief and papers in opposition to a motion, specifying the motion date on the cover page, with more...

Extension for Opposition to Motion for Summary Judgment

All parties opposing the motion must file their opposition papers at least 14 days prior to the new more...

Procedure for Extension

To obtain the automatic extension, the party opposing a dispositive motion must file with the Clerk, and serve more...

No Other Extensions Without Leave of Court

No other extension of the time limits under Local Rule 7.1 will be permitted without an Order of more...

Reply Papers Due 7 Days Before Motion Day

Reply papers, including a reply brief specifying the motion day on the cover page, with proof of service, more...

Permission from Court Required for Reply Brief on Certain Motions

Without permission of the Court, no reply papers may be filed on a cross motion pursuant to local more...

Calculating the Due Date or Deadline Pursuant to the FRCP

Under amended FRCP 6(a)(1), all deadlines stated in days, no matter the length of the period, are computed more...

When determining the last day of a filing period stated in days, a day on which the clerk's more...

The end of the last day of a period is defined as midnight in the court's time zone more...

In determining what is the "next" day, one must continue counting in the same direction - that is, more...

Legal holidays are set forth and defined at Rule 6(a)(6). . 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 And 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...

Cross-Motions

A cross-motion related to the subject matter of the original motion may be filed by the party opposing more...

Court May Continue Hearing

Upon the request of the original moving party, the Court may enlarge the time for filing a brief more...

Moving Party Entitled to Extension to Respond to Dispositive Cross-Motion

A party filing a cross-motion shall serve and file a combined brief in opposition to the original

 Opposition Papers

Brief Must Be Separate Document

The brief shall be a separate document for submission to the Court. . more...

Note Motion Date in Brief

The brief must note the motion day on its cover page. . more...

Forty (40) Page Limit on Briefs

Briefs must not exceed forty (40) ordinary typed or printed pages. . more...

Must Include Table of Contents and Table of Authorities

Briefs must include a table of contents and table of authorities. . more...

Longer Briefs Permitted With Prior Permission

A party seeking to file a longer brief must first obtain permission from the Judge or Magistrate Judge. more...

Brief Not Strictly Required

In lieu of a brief, the party may submit a "statement that no brief is necessary and the more...

Request for Oral Argument on Front Page

Any request for oral argument shall be clearly marked on the front page of a brief or other more...

Statement of Disputed or Undisputed Material Facts

On motions for summary judgment, the movant shall furnish a statement which sets forth material facts as to more...

The opponent of summary judgment shall furnish, with its opposition papers, a responsive statement of material facts, addressing more...

The movant shall respond to any such supplemental statement of disputed material facts as above, with its reply more...

Each statement of material facts must be a separate document, not part of a brief, and may not more...

.

Social Security Matters

In review of Social Security matters, briefs and administrative record submissions shall be governed by L. Civ. R. more...

Signature

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

Signed by Attorney of Record

In each case the attorney of record who is a member of the District of New Jersey Bar more...

Electronic Signatures

Attorney Signatures

The user login and password required to submit documents to the ECF System serves as the ECF Filing more...

.

Non-Attorney Signatures

A document requiring the signature of a nonattorney must be filed electronically by submitting a scanned document containing more...

Multiple Signatures

Where a document requires the signatures of more than one (e.g., stipulations, consent orders) the s/ block can be substituted more...

By submitting a document with s/ block signatories, the filing attorney certifies that each of such signatories has expressly agreed more...

The filing attorney must retain any records evidencing this agreement for future production, if necessary, until 1 year more...

Any person who disputes the authenticity of any of the signatures on a document containing multiple signatures must more...

.

Additional Requirements

District of New Jersey SmartRules Guide: GENERAL RULES AND FORMATTING REQUIREMENTS. 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

District of New Jersey 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...

Do Not File Discovery Materials Unless Needed for Proceeding

Initial and expert disclosures under Rule 26(a), transcripts of depositions, interrogatories and answers to interrogatories, requests for production of more...

Filed in Open Case File

In those instances when discovery materials are properly filed, the Clerk will place them in the open case more...

Objections to Evidence

Opposition papers may include objections to the evidence relied upon by the moving party. Customarily, objections to evidence are made in a separate document. more...

 FILING AND SERVICE

All Actions Subject to Electronic Filing

All cases will be entered into the court s Electronic Case Filing ( ECF ) System. more...

Exceptions

Mandatory and permissive exceptions to electronic filing are found at Civil Rule 5.2(11).A party may move for a permissive exception on the basis that the document cannot reasonably be scanned. more...

Filing Documents Electronically

For instructions on filing papers using the ECF system, See District of New Jersey SmartRules procedural guide: FILING DOCUMENTS. more...

Courtesy Copies

Unless otherwise directed by the Court, any party filing papers, including briefs, in support of or in opposition more...

Traditional Filing and Service Rules

Filing Required

The brief and papers in opposition to a motion, specifying the motion day on the cover page, with more...

Service

Opposition papers must be served upon each of the parties. .Service of papers must be made by mail, personal delivery, or, with the written consent of the party more...

Proof of Service

A proof of service of all papers is required "before action is taken thereon by the Court or more...

 HEARING AND DISPOSITION

Oral Argument Only At Court's Discretion

??? All motions and other applications will be decided on the papers submitted unless: (1) a party requests more...

Court May Direct Prevailing Party to Submit Order

If the proposed order submitted by the moving party does not adequately reflect the Court's ruling, the Court more...

Party Must Object to Order Within Seven (7) Days

Unless the Court otherwise directs, if the Court does not receive specific objections "with reasons therefore" to the more...

Electronic Entry of Court Order

All orders, decrees, judgments and proceedings of the Court entered or issued by the Court will be filed more...

Clerk Will Transmit Notice of Electronic Filing of Order

Immediately upon the entry of an order or judgment in an action, the clerk will transmit to Filing more...

Clerk Will Give Paper Notice to Non-Filing Users

The Clerk must give notice in paper form to a person who has not consented to electronic service. more...

Effect of Electronic Order

All orders will be filed electronically by the Court or Court personnel.Any order filed electronically without the original signature of a judge shall have the same force and effect more...

Routine Orders May Be Docket Entry

The assigned judge or the clerk's office may, if appropriate, grant routine orders by a text-only docket entry 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...

.

Copyright SmartRules 2003-2014 exclusive of the text of Government codes

 

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