E.D. Wis. Civil L. R. 56

(a) Pro Se Litigation. If a party is proceeding pro se in civil litigation and the

opposing party files a motion for summary judgment, counsel for the movant must

comply with the following procedure:

(1) The motion must include a short and plain statement that any

factual assertion in the movant’s affidavit, declaration, or other admissible

documentary evidence will be accepted by the Court as being true unless the

party unrepresented by counsel submits the party’s own affidavit, declaration,

or other admissible documentary evidence contradicting the factual assertion.

(2) In addition to the statement required by Civil L. R. 56(a)(1), the text

to Fed. R. Civ. P. 56 (c),(d), and (e), Civil L. R. 56(a), Civil L. R. 56(b), and Civil

L. R. 7 must be part of the motion.

(b) Additional Summary Judgment Procedures. Motions for summary

judgment must comply with Fed. R. Civ. P. 56 and Civil L. R. 7. In addition, with the

exception of Social Security reviews, other actions for review of administrative agency

decisions, and other actions in which a judge relieves the parties of this Rule’s

requirements, the following must be met:

(1) Moving Party’s Principal Materials in Support of Motion.

With each motion for summary judgment, the moving party must file:

(A) a memorandum of law;

(B) a statement setting forth any material facts to which all

parties have stipulated;

(C) a statement of proposed material facts as to which the moving

party contends there is no genuine issue and that entitle the moving

party to a judgment as a matter of law;

(i) the statement shall consist of short numbered

paragraphs, each containing a single material fact, including

within each paragraph specific references to the affidavits,

declarations, parts of the record, and other supporting materials

relied upon to support the fact described in that paragraph;

(ii) a moving party may not file more than 150 separately

numbered statements of fact;

(iii) failure to submit such a statement constitutes grounds

for denial of the motion; and

(D) any affidavits, declarations, and other materials referred to

in Fed. R. Civ. P. 56(c).

(2) Opposing Party’s Materials in Opposition. Each party opposing

a motion for summary judgment must file within 30 days of service of the

motion and the materials required by subsection (b)(1), above:

(A) a memorandum of law;

(B) a concise response to the moving party’s statement of facts

that must contain:

(i) a reproduction of each numbered paragraph in the

moving party’s statement of facts followed by a response to each

paragraph, including, in the case of any disagreement, specific

references to the affidavits, declarations, parts of the record, and

other supporting materials relied upon, and

(ii) a statement, consisting of short numbered paragraphs,

of any additional facts that require the denial of summary

judgment, including references to the affidavits, declarations,

parts of the record, and other supporting materials relied upon to

support the facts described in that paragraph. A non-moving

party may not file more than 100 separately-numbered

statements of additional facts. Each separately-numbered

paragraph shall be limited to one material fact; and

(C) any opposing affidavits, declarations, and other materials

referred to in Fed. R. Civ. P. 56(c).

(3) Moving Party’s Materials in Reply. A moving party may file

within 14 days of the service of the opposing party’s materials under subsection

(b)(2), above:

(A) a reply memorandum;

(B) a reply to any additional facts submitted by the opposing

party pursuant to subsection (b)(2) above, in the form prescribed in

section (b)(2)(B)(i) above; and

(C) any affidavits, declarations, and other materials referred to

in Fed. R. Civ. P. 56(c) submitted in reply.

(4) Effect of Uncontroverted Statements of Fact. The Court will

deem uncontroverted statements of material fact admitted solely for the

purpose of deciding summary judgment.

(5) Stipulated Facts. Parties are encouraged to stipulate to facts. Facts

so stipulated will not count against any party’s allotment of proposed facts and

do not require references to evidentiary support.

(6) Citations to Facts in Memoranda. Assertions of fact in the

parties’ supporting memoranda must refer to the corresponding numbered

paragraph of the statement of facts, statement of additional facts, or statement

of stipulated facts.

(7) Prior Leave of Court Required to Increase the Number of

Statements of Fact or Statements of Additional Fact. A party may not

file any proposed statements of material fact or statements of additional fact

in excess of the limit set forth in this rule unless the Court previously has

granted leave upon a showing that an increase is warranted.

(8) Length of Memoranda.

(A) A principal memorandum in support of, or opposition to,

summary judgment must not exceed 30 pages and a reply memorandum

must not exceed 15 pages (excluding any caption, cover page, table of

contents, table of authorities, and signature block).

(B) No memorandum exceeding the page limitations may be filed

unless the Court previously has granted leave to file an oversized

memorandum.

(9) Sanction for Noncompliance. Failure to comply with the

requirements in this rule may result in sanctions up to and including the Court

denying or granting the motion. Sanctions remain available under General L.

R. 83(f).

(10) Collateral Motions. Collateral motions, such as motions to strike,

are disfavored.