Local Bankruptcy Rules – Western District Of Oklahoma

| Local Bankruptcy Rules

PART VII. ADVERSARY PROCEEDINGS

RULE 7056-1 SUMMARY JUDGMENT

A. Generally. Local Rule 9013-1 shall apply to summary judgment motions and responses.

B. Brief in Support of Motion for Summary Judgment. A motion for summary judgment (or partial summary judgment) shall include or be accompanied by a brief in support thereof, not exceeding twenty (20) pages in length, exclusive of attachments or appendices. A brief in support of a motion for summary judgment (or partial summary judgment) shall begin with a section that contains a concise statement of material facts as to which movant contends no genuine issue exists. Each fact shall be stated in a separately numbered paragraph and shall refer with particularity to those portions of the affidavits, discovery materials, Documents, or other parts of the record before the Court upon which the movant relies. The movant shall not incorporate by reference arguments, replies, Documents or portions of Documents that were previously filed therein or in other proceedings. Affidavits, discovery materials, Documents, and other relevant portions of the record upon which the movant relies shall be attached to the brief. The statement of material facts shall be followed by the movant’s argument and authorities. The Court may strike, or decline to consider, substantive arguments that appear only in affidavits or other supporting documentation.

C. Response Brief. A brief in response to a motion for summary judgment (or partial summary judgment), not exceeding twenty (20) pages in length, exclusive of attachments or appendices, shall be filed within fourteen (14) days after the filing of the brief in support of the motion for summary judgment. [Note – this is a flat fourteen (14) days regardless of manner of service.] The response brief shall begin with a section stating, by paragraph number, each of the movant’s facts to which the non-movant contends a genuine issue exists, and shall refer with particularity to those portions of affidavits, discovery materials, Documents, and other relevant parts of the record before the Court upon which the non-movant relies to dispute the movant’s fact. All properly supported material facts set forth in the movant’s statement shall be deemed admitted for the purpose of summary judgment unless specifically controverted by a statement of the non-movant that is supported by evidentiary material. If the non-movant contends that other material facts exist which preclude summary judgment, the non-movant shall set forth each such material fact in a separately numbered paragraph and shall refer with particularity to those portions of affidavits, discovery materials, Documents, and other relevant parts of the record before the Court upon which the non-movant relies. Affidavits, discovery materials, Documents, and other relevant portions of the record upon which the non-movant relies shall be attached to the brief. The non-movant’s dispute of movant’s statement of material facts and statement of other material facts, if any, shall be followed by the non-movant’s argument and authorities. The non-movant shall not incorporate by reference arguments, replies, Documents or portions of Documents that were previously filed therein or in other proceedings. The Court may strike, or decline to consider, substantive arguments that appear only in affidavits or other supporting documentation.

D. Reply Briefs to Address New Matters. The movant may file a reply brief, not exceeding five (5) pages in length, exclusive of attachments or appendices, within fourteen (14) days after the date the response brief was filed, but such reply brief shall address only new matters set forth in the non-movant’s response brief. [Note – this is a flat fourteen (14) days regardless of manner of service.] Affidavits, discovery materials, Documents, and other relevant portions of the record upon which the movant relies in its reply shall be attached to the reply brief. The respondent shall not incorporate by reference arguments, replies, Documents or portions of documents that were previously filed therein or in or other proceedings. The Court may strike, or decline to consider, substantive arguments that appear only in affidavits or other supporting documentation.

E. The Record. The record on summary judgment shall consist of all materials permitted by Rule 56 of the Federal Rules of Civil Procedure that are properly in the record before the Court. Documentary evidence must be authenticated by affidavit or otherwise demonstrated to be admissible under the Federal Rules of Evidence in order to be considered on summary judgment.

F. Hearing. Unless a hearing is requested by a party, a hearing shall be deemed waived, and the motion for summary judgment will be ripe for decision, upon the expiration of the time for filing responses and replies, if any, under these Local Rules unless otherwise set by the Court.

G. One Time Filing. Absent leave of court, each party may file only one (1) motion for summary judgment under Bankruptcy Rule 7056.