Opposition papers must be served and filed at least 21 days before the hearing date. Central Dist. LR 7-9 (amended eff 1/1/10).
Notice of Withdrawal or Non-Opposition
Any moving party who intends to withdraw a motion before the hearing date and any opposing party who no longer intends to oppose a motion, must file and serve a notice of withdrawal of the opposition immediately, preferably no later than 7 (seven) days before the hearing. Central Dist. LR 7-16 (amended eff 6/1/20).
Unless otherwise specified by the court, the entry of an order continuing a hearing on a motion automatically extends the time for filing and serving opposition and reply papers to 21 days and 14 days, respectively, before the hearing date. Central Dist. LR 7-11 (amended 1/1/10).
Unless a different time is set by local rule, a party may file a motion for summary judgment at any time until 30 days after the close of discovery. FRCP 56(b).
Judge May Set Briefing Schedule
Many judges will set an individual briefing schedule for motions for 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. FRCP 56 (a).
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 any material fact and the movant is entitled to judgment as a matter of law." FRCP 56 (a).
NEW RULE AMENDMENTS EFFECTIVE JUNE 1, 2023
In determining any motion for summary judgment or partial summary judgment, the Court may assume that the material facts as claimed and adequately supported by the moving party are admitted to exist without controversy except to the extent that such material facts are included in the “Statement of Genuine Disputes” and controverted by declaration or other written evidence filed in opposition to the motion.
The Court is not obligated to look any further in the record for supporting evidence other than what is actually and specifically referenced in the Statement of Uncontroverted Facts, the Statement of Genuine Disputes, and the Response to Statement of Genuine Disputes.
On the first page of the notice of motion and every other document filed in connection with any motion, there shall be included, under the title of the document, the date and time of the motion hearing, and the name of the judicial officer before whom the motion has been noticed. The notice of motion shall contain a concise statement of the relief or Court action the movant seeks. Central Dist. LR 7-4 (amended eff 6/1/18).
Opposition papers must consist either of a brief but complete memorandum containing the reasons, legal points and authorities, and evidence on which the opposing party relies, or a statement of non-opposition. Central Dist. LR 7-9 (amended eff 1/1/10).
25 Page Limit on Briefs
No memoranda of points and authorities, pre-trial, trial, and post-trial briefs may exceed 7,000 words, including headings, footnotes, and quotations. The caption, the table of contents, the table of authorities, the signature block, the certification required by L.R. 11-6.2, and any indices and exhibits are not included in the word count. A handwritten brief or a brief prepared using a typewriter may not exceed 25 pages, excluding the caption (if on a separate cover page), the table of contents, the table of authorities, the signature block, and any indices and exhibits.
The last page of any memorandum of points and authorities, pretrial brief, trial brief, or posttrial brief must include a certificate by the party filing the document that the document complies with the word-count limit in L.R. 11-6.1. (This requirement does not apply to documents that are handwritten or prepared using a typewriter.)
The certificate must be in substantially the following form:
NEW RULE AMENDMENTS EFFECTIVE JUNE 1, 2023
Any party who opposes a motion for summary judgment or partial summary judgment must serve and file with the opposing papers a separate document containing a concise “Statement of Genuine Disputes” setting forth all material facts as to which it is contended there exists a genuine dispute necessary to be litigated.
This Statement must include two columns, setting forth in the left-hand column every fact included in the moving party’s Statement of Uncontroverted Facts (in the same order, using the same numbers, and with all citations to the supporting evidence identified by the moving party) and indicating for each such fact in the right-hand column whether the opposing party contends that a genuine dispute necessary to be litigated exists as to that fact. For each disputed fact, the Statement of Genuine Disputes must provide pinpoint citations (including page and line numbers, if available) to evidence in the record that supports the claim that the fact is disputed.
Opposition papers may include a request for further discovery or continuance. FRCP 56(f).
Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney’s name — or by a party personally if the party is unrepresented. The paper must state the signer’s address, e-mail address, and telephone number. The court must strike an unsigned paper unless the omission is promptly corrected after being called to the attorney’s or party’s attention. FRCP 11 (a).
All documents, except declarations, shall be signed by the attorney for the party or the party appearing pro se . The name of the person signing the document shall be clearly typed below the signature line. Central Dist. LR 11-1.
In the case of a document in which there is only one signatory, who is a registered CM/ECF filer, the document must be filed using that signatory's PACER login and password, which will function as the signatory's signature. Electronically filed documents must also include a signature block as provided in L.R. 11-1, and the signature must be represented on the signature line with either an "/s/" or a digitized personalized signature. Central Dist. LR 5-4.3.4(a)(1).
Documents filed in the Central District must be numbered consecutively at the bottom of each page. Central Dist. LR 11-3.3.
Exhibits must be numbered consecutively with the principal document. Central Dist. LR 11-5.2 (amended eff 12/1/20).
See Central District of California SmartRules™ Guide: GENERAL RULES AND FORMATTING REQUIREMENTS.
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. FRCP 56 (c)(2).
Court May Consider Material Not Cited
The court need consider only cited materials, but may consider other materials in the record. FRCP 56 (c)(3).
See Central District of California SmartRules™ procedural guide: DECLARATIONS.
A motion for summary judgment may be supported by matters of which the court may take judicial notice. See FRE 201.
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. Central Dist. LR 7-6.
Deposition transcripts to be used at trial or an evidentiary hearing shall be marked as provided in Central Dist. LR 16-2.7. The original deposition shall be lodged with the Clerk on or before the first day of a trial or at least ten (10) days before an evidentiary hearing unless required to be filed earlier under Central Dist. LR 16-11.2. Central Dist. LR 32-1 (amended eff 12/1/13).
Opposition papers may include objections to the evidence relied upon by the moving party. Customarily, objections to evidence are made in a separate document.
NEW RULE AMENDMENTS EFFECTIVE JUNE 1, 2023
A party filing a notice of motion for summary judgment or partial summary judgment must file a proposed separate "Statement of Uncontroverted Facts and Conclusions of Law ." This statement must set forth the material facts as to which the moving party contends there is no genuine dispute. Each such fact must be numbered and must be supported by pinpoint citations (including page and line numbers, if available) to evidence in the record.
A party seeking summary judgment must lodge a proposed Judgment; a party seeking partial summary judgment must lodge a proposed order.
See Central District of California SmartRules™ procedural guide: PROPOSED ORDER.
FILING AND SERVICE
NEW RULE AMENDMENTS EFFECTIVE JUNE 1, 2024
Except as provided in L.R. 5-4.2, all documents filed in civil cases must be filed electronically. Sending a document to the Court by e-mail or submitting a document through the Court’s Electronic Document Submission System does not constitute an electronic filing. Central Dist. LR 5-4.1 (amended eff 6/1/24) .
After entering an appearance in a civil case, any non-incarcerated pro se litigant may seek leave of court to use the CM/ECF System to file documents electronically in that particular case. Central Dist. LR 5-4.1.1. More information can be found on the court's Electronic Filing for People Without Lawyers page.
All papers must be served on each of the parties, unless the court orders otherwise under FRCP 5(c) because there are numerous defendants. FRCP 5 (a) (amended eff 12/1/18).
Papers must be filed no later than a reasonable time after service. FRCP 5 (d) (amended eff 12/1/18).
The proof of service is only required if documents are not served by filing them with the court's electronic filing system. FRCP 5 (d)(1)(B) (amended eff 12/1/18).
Service must be made by mail or personal delivery, electronically to users registered with the court's electronic-filing system or by other electronic means consented to in writing. FRCP 5 (b) (amended eff 12/1/18).
NEW RULE AMENDMENTS EFFECTIVE JUNE 1, 2024
Documents presented to the Clerk for filing or lodging either in paper format or through the Court’s Electronic Document Submission System must be served in accordance with FRCP 5. (See Central Dist. LR 5-4.2)
All documents served under Local Rule 5-3.1.1 must be accompanied by a Proof of Service in the form required by Local Rule 5-3.1.2.
Any moving party who intends to withdraw a motion before the hearing date and any opposing party who no longer intends to oppose a motion, must file and serve a notice of withdrawal of the opposition immediately, preferably no later than 7 (seven) days before the hearing. Central Dist. LR 7-16 (amended eff 6/1/20).
Counsel for both parties must be present and familiar with the case. Failure to appear may result in an adverse ruling. Central Dist. LR 7-14.
When the Court orders a party to prepare an order, it must be served and lodged with the Clerk within 5 days. Central Dist. LR 52-4 (amended 1/1/10).
After notice and a reasonable time to respond, the court may:
(1) Grant summary judgment for a nonmovant;
(2) Grant summary judgment on grounds not raised by a party;
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