Ind. Marion Cnty. Mass Tort Local Rule LR49-TR56 Rule 610

A. Party Filing Motion for Summary Judgment. A party filing a motion for summary

judgment shall:

1. File a motion, supporting brief not to exceed 15 pages, and designation of any

evidence upon which the party relies.

2. The designation of evidence may be made in the motion or by a separate document,

and shall contain specific and appropriate citations to discovery responses,

depositions, affidavits, and other admissible evidence either already in the record or

attached as an exhibit to the designation or brief.

3. The supporting brief must include a separate section labeled “Statement of

Undisputed Material Facts” listing, in separately numbered paragraphs, the individual

undisputed facts that are potentially determinative of the motion as to which the

moving party contends there is no genuine issue that contain specific and appropriate

citations to admissible evidence already in the record or attached as an exhibit to the

brief. The Statement of Undisputed Material Facts should not contain mere

background facts which put the case in perspective or the party’s argument which

should be in the argument portion of the brief.

B. Party Responding to Motion for Summary Judgment.

1. 30 days after service of the motion, a party opposing the motion shall file:

a. A response brief not to exceed 15 pages. However this brief may be a

consolidated response brief addressing multiple motions for summary judgment

and may exceed traditional page limitations if addressing more than one motion

for summary judgment, and;

b. A designation of evidence that is specific and separate as to each movant and that

designates evidence that the respondent asserts creates a disputed fact or a

genuine issue. Respondents’ designation shall contain specific and appropriate

citations to discovery responses, depositions, affidavits, and other admissible

evidence either already in the record or attached as an exhibit to the designation

or brief.

2. The response brief shall contain a separate section labeled “Statement of Material

Facts in Dispute and Genuine Issues,” which shall contain a separate subsection as to

each movant, listing in separately numbered paragraphs, the individual disputed facts

and/or genuine issues as to that movant. Each subsection shall contain at least one of

the following two separate parts:

a. The disputed material facts which preclude summary judgment; and/or

b. The material facts which are not in dispute, but which respondent asserts create

a genuine issue and preclude summary judgment.

3. The asserted material facts and genuine issues shall be supported by specific and

appropriate citations to discovery responses, depositions, affidavits, and other

admissible evidence either already in the record or attached as an exhibit to the brief.

4. The non-movant’s Statement of Material Facts in Dispute and Genuine Issues should

not contain mere background facts which put the case in perspective or the party’s

argument which should be in the argument portion of the brief.

5. The response brief shall contain a separate argument section as to each movant, unless

the entire argument is identical as to each movant.

6. Citation to documents previously served on File & ServeXpress shall be by document

name, date document was served on File & ServeXpress, and TID number, and if

possible, page and line, paragraph number or similar specific reference.

C. Reply Brief. A party filing a motion for summary judgment may file a reply brief, not to

exceed 8 pages in length, 10 days after service of the opposing party’s submissions.

D. Surreply. If, in reply, the moving party relies upon evidence not previously cited or

objects to the admissibility of the non-moving party’s evidence, the non-moving party may file a

surreply brief, not to exceed 8 pages in length, limited to such new evidence and objections, five days

after service of the reply brief.

E. Designated Documents. With respect to documents designated in support of or in

opposition to motions for summary judgment:

1. Counsel shall attach as supporting documents to the motion any designated

documents not previously served on File & ServeXpress, other than deposition

transcripts.

2. Counsel shall serve any deposition transcripts, not previously served on File &

ServeXpress, but relied upon for purposes of summary judgment, in their entirety on

the Deposition Docket, as provided in Rule 603(A).

3. Counsel need not serve copies of designated documents already served on File &

ServeXpress unless they have been altered and such alteration is relevant to the

designation.

4. Counsel need not attach as an exhibit any designated document already served on File

& ServeXpress, but rather, citation to the document as described above shall be

sufficient.

5. “Specific and appropriate citations” throughout this Rule shall mean case name and

shortened cause number, document title, date document was served on File &

ServeXpress, TID number, and if possible, page and line, paragraph number or similar

specific reference.

F. Hearings. Pursuant to Rule 611, the Court schedules summary judgment hearings for each

trial setting on Motions Day between 110-90 days prior to trial. This scheduled hearing will be vacated,

unless a party files a request for hearing in accordance with Ind. T.R. 56(C) at least 10 days before the

scheduled summary judgment hearing date. The request for hearing shall be made in a separate

document from any other filing, but it may be submitted as a main or supporting document. The

document type shall be “Request for Hearing,” and the request shall be titled,

[Party type] [Party name]’s Request for Hearing on [(party name)’s or “Its”] Motion

for Summary Judgment for the [month] [year] Summary Judgment Settings.

G. Outlines. At the time of the hearing, counsel must provide three copies of an outline

summarizing the brief submitted to the Court in support of or opposing the motion for summary

judgment. Two copies must be provided to the Court and opposing counsel shall receive one.