(a) Plaintiff shall first
provide the court with proposed findings and conclusions, which shall have been
served on each defendant. Each defendant shall then provide the court with
answering proposals, which shall have been served on each plaintiff.
(b) Plaintiff’s proposals
shall include (a) a narrative statement of all facts proposed to be
proved and (b) a concise statement of plaintiff’s legal contentions and the
authorities supporting them:
(1) Plaintiff’s narrative
statement of facts shall set forth in simple declarative sentences all the
facts relied upon in support of plaintiff’s claim for relief. It shall be
complete in itself and shall contain no recitation of any witness’ testimony or
what any defendant stated or admitted in these or other proceedings, and no
references to the pleadings or other documents or schedules as such. It may
contain references in parentheses to the names of witnesses, depositions,
pleadings, exhibits or other documents, but no party shall be required to admit
or deny the accuracy of such references. It shall, so far as possible, contain
no pejoratives, labels or legal conclusions. It shall be so constructed, in
consecutively numbered paragraphs (though where appropriate a paragraph may
contain more than one sentence), that each of the opposing parties will be able
to admit or deny each separate sentence of the statement.
(2) Plaintiff’s statement of
legal contentions shall set forth all such plaintiff’s contentions necessary to
demonstrate the liability of each defendant to such plaintiff. Such contentions
shall be separately, clearly and concisely stated in separately numbered
paragraphs. Each paragraph shall be followed by citations of authorities in
support thereof.
(c) Each defendant’s
answering proposals shall correspond to plaintiff’s proposals:
(1) Each defendant’s factual
statement shall admit or deny each separate sentence contained in the narrative
statement of fact of each plaintiff, except in instances where a portion of a
sentence can be admitted and a portion denied. In those instances, each
defendant shall state clearly the portion admitted and the portion denied. Each
separate sentence of each defendant’s response shall bear the same number as
the corresponding sentence in the plaintiff’s narrative statement of fact. In a
separate portion of each defendant’s narrative statement of facts, such
defendant shall set forth all affirmative matter of a factual nature relied
upon by such defendant, constructed in the same manner as the plaintiff’s
narrative statement of facts.
(2) Each defendant’s separate
statement of proposed conclusions of law shall respond directly to plaintiff’s
separate legal contentions and shall contain such additional contentions of the
defendant as may be necessary to demonstrate the non-liability or limited
liability of the defendant. Each defendant’s statement of legal contentions
shall be constructed in the same manner as is provided for the similar
statement of each plaintiff.