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Local Rules of Civil Procedure

LR 56 - Summary Judgment

(See Fed. R. Civ. P. 56)

LR 56-1 Motion for Summary Judgment

(a) Supporting Factual Positions

A party's factual positions must be supported by citations, by page and line as appropriate, to the particular parts of materials in the record. Unless otherwise ordered by the Court, a party is not required to file a separate Concise Statement of Material Facts. If ordered, a Concise Statement of Material Facts may not exceed 1,500 words, or in the alternative, five pages. If the document exceeds the page limit, then the party must certify compliance with the word-count limit by filing a Certificate of Compliance as provided in LR 7-2(b). This limitation includes headings, footnotes, and quotations, but excludes the caption, table of contents, table of cases and authorities, signature block, exhibits, and certificates of counsel.

(b) Evidentiary Objections

Rather than filing a motion to strike, a party may assert evidentiary objections in its response or reply memorandum. Evidentiary objections in a response or reply memorandum are subject to the certification requirement of LR 7-1(a). If an evidentiary objection is raised in the non-moving party's response memorandum, the moving party may address the objection in its reply memorandum; the non-moving party may not file further briefing on its evidentiary objection. If an evidentiary objection is raised by the moving party in its reply memorandum, the non-moving party may file a surreply memorandum pursuant to this subparagraph within seven days addressing only the evidentiary objection; the moving party may not file further briefing on its evidentiary objection. If a party asserts an evidentiary objection in a motion to strike evidence, no reply memorandum is permitted. Unless otherwise ordered by the court, any oral argument as to evidentiary objections will be scheduled for the same time as the summary judgment motion.

Commentary

An evidentiary objection in a response or reply memorandum may be supported by argument and should be stated concisely. There is no need to make a separate motion to strike. See Pfingston v. Ronan Engineering Co., 284 F.3d 999, 1003 (9th Cir. 2002); Fed. R. Evid. 103(a)(1). If the case goes to trial, failure to challenge admissibility at the summary judgment stage does not forfeit the right to challenge admissibility at trial.

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