D.S.D. Civ. LR 56.1

A. Moving Party=s Required Statement of Material Facts. All motions for

summary judgment must be accompanied by a separate, short, and concise

statement of the material facts as to which the moving party contends there

is no genuine issue to be tried. Each material fact must be presented in a

separate numbered statement with an appropriate citation to the record in

the case.

B. Opposing Party=s Required Statement of Material Facts. A party opposing

a motion for summary judgment must respond to each numbered paragraph

in the moving party=s statement of material facts with a separately numbered

response and appropriate citations to the record. A party opposing a motion

for summary judgment must identify any material facts on which there exists

a genuine material issue to be tried.

C. Use of Documentary Evidence. A party must attach to an affidavit all

relevant documentary evidence in support of or in opposition to a motion for

summary judgment. The evidence should be submitted with proper

highlighting or underlining as encouraged by D.S.D. Civ. LR 7.1B2.

D. Effect of Omission: Sanction. All material facts set forth in the movant=s

statement of material facts will be deemed to be admitted unless controverted

by the opposing party=s response to the moving party=s statement of material

facts.