D. Kan. Rule 56.1

(a) Supporting Brief. The brief in support of a motion for summary judgment must

begin with a section that contains a concise statement of material facts as to which

the movant contends no genuine issue exists. The facts must be numbered and must

refer with particularity to those portions of the record upon which movant relies.

All material facts set forth in the statement of the movant will be deemed admitted

for the purpose of summary judgment unless specifically controverted by the

statement of the opposing party.

(b) Opposing Brief.

(1) A brief in opposition to a motion for summary judgment must begin with a

section containing a concise statement of material facts as to which the party

contends a genuine issue exists. Each fact in dispute must be numbered by

paragraph, refer with particularity to those portions of the record upon

which the opposing party relies, and, if applicable, state the number of

movant’s fact that is disputed.

(2) If the party opposing summary judgment relies on any facts not contained

in movant’s brief, that party must set forth each additional fact in a

separately numbered paragraph, supported by references to the record, in

the manner required by subsection (a), above. All material facts set forth in

this statement of the non-moving party will be deemed admitted for the

purpose of summary judgment unless specifically controverted by the reply

of the moving party.

(c) Reply Brief. In a reply brief, the moving party must respond to the non-moving

party’s statement of additional material facts in the manner prescribed in subsection

(b)(1).

(d) Notice to Pro Se Litigant Who Opposes a Summary Judgment Motion. Any

represented party moving for summary judgment against a party proceeding pro se

must serve and file as a separate document, together with the papers in support of

the motion, the following “Notice To Pro Se Litigant Who Opposes a Motion For

Summary Judgment” with the full texts of Fed. R. Civ. P. 56 and D. Kan. Rule 56.1

attached. Where the pro se party is not the plaintiff, the movant must amend the

form notice as necessary to reflect that fact.

“Notice to Pro Se Litigant Who Opposes a

Motion for Summary Judgment”

The defendant in this case has moved for summary judgment pursuant to

Rule 56 of the Federal Rules of Civil Procedure. This means that the defendant has

asked the court to decide this case without a trial, based on written materials,

including affidavits, submitted in support of the motion. The claims you assert in

your complaint may be dismissed without a trial if you do not respond to this motion

on time by filing sworn affidavits and/or other documents as required by Rule 56(c)

of the Federal Rules of Civil Procedure and by D. Kan. Rule 56.1. The full text of

these two rules is attached to this notice.

In short, Fed. R. Civ. P. 56 provides that you may not oppose summary

judgment simply by relying upon the allegations in your complaint. Rather, you

must submit evidence, such as witness statements or documents, countering the

facts asserted by the defendant and raising specific facts that support your claim. If

you have proof of your claim, now is the time to submit it. Any witness statements

must be in the form of affidavits. An affidavit is a sworn statement of fact based

on personal knowledge stating facts that would be admissible in evidence at trial.

You may submit your own affidavit and/or the affidavits of others. You may submit

affidavits that were prepared specifically in response to defendant’s motion for

summary judgment.

If you do not respond to the motion for summary judgment on time with

affidavits and/or documents contradicting the material facts asserted by the

defendant, the court may accept defendant’s facts as true, in which event your case

may be dismissed and judgment entered in defendant’s favor without a trial.

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