NJ-D — Summary Judgment
D.N.J. — NJ-D requires a Statement of Material Facts on every summary judgment motion.
NJ-D requires a Statement of Material Facts on every summary judgment motion. NJ-D is a district 56.1 framework jurisdiction with strict enforcement — failure to file the SMF results in dismissal.
Movant's filing (Civ. R. 56.1(a))
- Statement of material facts not in dispute.
- *'Failure to file [the SMF] shall be dismissed.'* The rule treats the SMF as the operative document.
Opposing party's filing (Civ. R. 56.1)
- Responsive statement of material facts addressing each paragraph of the movant's statement.
Reply (Civ. R. 56.1)
- Reply may include additional facts.
Format: Each statement of material facts is a separate document, not part of the brief.
What this rule is trying to accomplish
The 56.1 framework in NJ-D is enforced strictly. The rule's rationale is that the SMF is the operative document on summary judgment; counsel cannot rely on the brief alone, and failure to produce the SMF means failure to bring the motion correctly.
For the trap on the SMF dismissal rule, see Watchpoints #7.