Summary Judgment

S7. Summary Judgment

Movant's Requirements (Rule 56.1(a))

The moving party must file a separate, short, concise statement in numbered paragraphs of the material facts as to which there is no genuine issue.

Failure to submit the 56.1 statement is grounds for denial of the motion.

Does not apply to claims under the Administrative Procedure Act (APA) or Freedom of Information Act (FOIA).

Opposing Party's Response (Rule 56.1(b))

The opposing party must file:

1. A correspondingly numbered paragraph response admitting or denying each fact in the movant's statement
2. Optionally, a statement of additional material facts claimed to be in dispute

Deemed-Admitted Rule (Rule 56.1(c))

CRITICAL: Each numbered paragraph in the movant's statement is deemed admitted unless:

• Specifically denied, AND
• Controverted by a correspondingly numbered paragraph in the opposing statement

This is one of the most consequential provisions in SDNY practice. A general denial or failure to respond paragraph-by-paragraph results in the movant's facts being treated as undisputed.

Citation Requirements (Rule 56.1(d))

Each statement of material fact -- including denials -- must be followed by a citation to admissible evidence as required by FRCP 56(c). Both the movant's statement and the opposing party's response must comply.

Electronic Format Requirements (Rule 56.1(e))

Where all parties are represented by counsel:

• Movant must provide an electronic copy of the Statement of Material Facts in standard word-processing format
• Opposing party's counterstatement must include each entry of the moving party's statement with the opposing party's response directly beneath it

This interleaved format ensures the court can compare each assertion with its corresponding response.

Pro Se Notice (Rule 56.2)

When moving for summary judgment against a pro se litigant, the moving party must serve the required notice to the unrepresented party.