E.D.N.C. Local Civil Rule 7.2

(a) Form and Content.

A memorandum in support of or in opposition to a motion shall comply with

Local Civil Rule 10.1 and shall contain:

(1) a concise summary of the nature of the case;

(2) a concise statement of the facts that pertain to the matter before the

court for ruling;

(3) the argument (brevity is expected) relating to the matter before the

court for ruling with appropriate citations in accordance with

subsections (b), (c), and (d) of this rule; and

(4) copies of any decisions in cases cited as required by subsections (c)

and (d) of this rule.

(b) Citation of Published Decisions.

Published decisions cited should include parallel citations (except for United

States Supreme Court cases), the year of the decision, and the court deciding

the case. The following are illustrations:

(1) State Court Citation: Rawls v. Smith, 238 N.C. 162, 77 S.E.2d 701

(1953);

(2) District Court Citation: Smith v. Jones, 141 F. Supp. 248 (E.D.N.C.

1956);

(3) Court of Appeals Citation: Smith v. Jones, 237 F.2d 597 (4th Cir.

1956);

(4) United States Supreme Court Citation: Smith v. Jones, 325 U.S. 196

(1956). United States Supreme Court cases should be cited in

accordance with current Bluebook form.

(c) Citation of Authorities Not Appearing in Certain Sources.

Any authority (e.g., court decision, administrative decision, regulation) that

is not available on LexisNexis or Westlaw may be cited if a copy of the

authority is filed as an exhibit to the motion or memorandum in which it is

cited.

(d) Citation of Unpublished Decisions.

A decision designated as “unpublished” by a United States District Court

may be considered by this court. A decision designated as “unpublished” by

a United States Court of Appeals will be given due consideration and weight

but will not bind this court. In accordance with subsection (c) of this rule, if

such an unpublished decision is not available on LexisNexis or Westlaw, a

copy of it shall be filed as an exhibit to the motion or memorandum in which

it is cited.

(e) Provision of Authorities.

If an authority is not reasonably available to an opposing party or nonparty,

the person citing that authority shall furnish the authority to the opposing

parties and nonparties upon request.

(f) Length of Memoranda.

Unless the court orders otherwise, memoranda must conform to either the

page limits or word limits below.

(1) Headings, footnotes, citations, and quotations in a memorandum

count toward the page and word limits. The case caption, the

signature block, any required certificates, any table of contents, any

table of authorities, and any attachments, exhibits, affidavits, and

other addenda to a memorandum do not count toward the page and

word limits.

(2) Page Limits.

(A) A memorandum in support of or in opposition to a motion

(other than a discovery motion) shall not exceed 30 pages in

length.

(B) A memorandum in support of or in opposition to a discovery

motion shall not exceed 10 pages in length.

(C) A reply or surreply memorandum (where allowed) shall not

exceed 10 pages in length.

(3) Word Limits.

(A) A memorandum in support of or in opposition to a motion

(other than a discovery motion) shall not exceed 8400 words.

(B) A memorandum in support of or in opposition to a discovery

motion shall not exceed 2800 words.

(C) A reply or surreply memorandum (where allowed) shall not

exceed 2800 words.

A memorandum under this subsection (f)(3) must contain a

certificate, signed by the attorney or unrepresented party, attesting

that the memorandum complies with the applicable word limit. The

signer of the certificate may rely on the word count generated by

word processing software, as long as the software counts the

elements required by subsection (f)(1) of this rule. The certificate

must state the number of words in the memorandum.