Any party moving for summary judgment
against a party proceeding pro se shall serve and file as a separate document,
together with the papers in support of the motion, a “Notice to Pro Se Litigant
Opposing Motion for Summary Judgment” in the form indicated below. Where the
pro se party is not the plaintiff, the movant should amend the form notice as
necessary to reflect that fact.
NOTICE TO PRO
SE LITIGANT OPPOSING MOTION FOR SUMMARY JUDGMENT
The defendant has
moved for summary judgment against you. This means that the defendant is
telling the judge that there is no disagreement about the important facts of
the case.The defendant is also claiming that there is no need for a trial of
your case and is asking the judge to decide that the defendant should win the case
based on its written argument about what the law is.
In order to
defeat the defendant’s request, you need to do one of two things: you
need to show that there is a dispute about important facts and a trial is
needed to decide what the actual facts are or you need to explain why the
defendant is wrong about what the law is.
must comply with Rule 56(e) of the Federal Rules of Civil Procedure and Local Rule 56.1 of this court. These rules are
available at any law library. Your Rule 56.1 statement needs to have
numbered paragraphs responding to each paragraph in the defendant’s statement
of facts. If you disagree with any fact offered by the defendant, you
need to explain how and why you disagree with the defendant. You also
need to explain how the documents or declarations that you are submitting
support your version of the facts. If you think that some of the facts
offered by the defendant are immaterial or irrelevant, you need to explain why
you believe that those facts should not be considered.
In your response,
you must also describe and include copies of documents which show why you
disagree with the defendant about the facts of the case. You may rely
upon your own declaration or the declarations of other witnesses. A
declaration is a signed statement by a witness.The declaration must end with
the following phrase: “I declare under penalty of perjury under the laws
of the United States that the foregoing is true and correct,” and must be
dated. If you do not provide the Court with evidence that shows that
there is a dispute about the facts, the judge will be required to assume that
the defendant’s factual contentions are true, and, if the defendant is also
correct about the law, your case will be dismissed.
If you choose to
do so, you may offer the Court a list of facts that you believe are in dispute
and require a trial to decide. Your list of disputed facts should be
supported by your documents or declarations. It is important that you
comply fully with these rules and respond to each fact offered by the
defendant, and explain how your documents or declarations support your
position. If you do not do so, the judge will be forced to assume that you do
not dispute the facts which you have not responded to.
should explain why you think the defendant is wrong about what the law is.