Loc. R. Civ. P. 56 — Motions for Summary Judgment
A published court requirement that applies in New York. Category: Local Rules. Effective January 15, 2026. Verified against the official source (W.D.N.Y. — Rules: Individual, Local & Federal (U.S. District Court, Western District of New York)) on November 3, 2026.
Summary
Loc. R. Civ. P. 56 — Motions for Summary Judgment: the court's own rule, verbatim from the Local Rules of Civil Procedure, United States District Court for the Western District of New York, effective January 15, 2026 (official PDF, sha-custodied). Court-level requirement: applies in every civil case before the U.S. District Court for the Western District of New York, alongside the Federal Rules of Civil Procedure (the rules are numbered to conform to them) and any judge-specific procedures.
Requirement
(a) Statements of Facts on Motion for Summary Judgment. (1) Movant’s Statement. Upon any motion for summary judgment pursuant to Fed. R. Civ. P. 56, there shall be annexed to the notice of motion a separate, short, and concise statement, in numbered paragraphs, of the material facts as to which the moving party contends there is no genuine issue to be tried. Each such statement must be followed by citation to admissible evidence or to evidence that can be presented in admissible form at trial as required by Fed. R. Civ. P. 56(c)(1)(A). Citations shall identify with specificity the relevant page and paragraph or line number of the evidence cited. Failure to submit a statement in compliance with this Rule may constitute grounds for denial of the motion. This paragraph shall not apply to cases in which judicial review is based solely on the administrative record. In such cases, motions for summary judgment and oppositions thereto shall include a statement of facts with references to the administrative record. (2) Opposing Statement. A party opposing a motion for summary judgment shall include a response to each numbered paragraph in the moving party’s statement, in correspondingly numbered paragraphs. Each numbered paragraph in the moving party’s statement of material facts may be deemed admitted for purposes of the motion unless it is specifically controverted by correspondingly numbered paragraphs in such opposing statement with citation to admissible evidence or to evidence that can be presented in admissible form at trial as required by Fed. R. Civ. P. 56(c)(1)(A). In addition, when appropriate, the opposing party’s statement may also contain a short and concise statement, in numbered paragraphs, of additional material facts (i) as to which the opposing party contends there is no genuine issue to be tried; and/or (ii) that the opposing party contends are in dispute. (3) Responding Statement. If the opposing party’s statement contains additional material facts as to which the opposing party contends there is no genuine issue to be tried, each such numbered paragraph in the opposing statement may be deemed admitted for purposes of the motion unless it is specifically controverted by the moving party in correspondingly numbered paragraphs in a responding statement, which shall include citation to admissible evidence or to evidence that can be presented in admissible form at trial as required by Fed. R. Civ. P. 56(c)(1)(A). The moving party may respond to the opposing party’s statement of additional material facts as to which it is contended there exists a genuine issue to be tried in a responding statement and/or in its reply memorandum of law. (4) Appendix. All cited evidence, such as affidavits, relevant deposition testimony, responses to discovery requests, or other documents, that has not otherwise been filed in conjunction with the motion shall be filed as an appendix to the statement of facts prescribed by subsections (1) or (2), supra, in conformity with Fed. R. Civ. P. 56(c)(1)(A), and denominated “Plaintiff’s/Defendant’s Appendix to Local Rule 56 Statement of Material Facts.” (b) Notice to Pro Se Litigants. Any party moving for summary judgment against a pro se litigant shall file and serve with the motion papers a “Notice to Pro Se Litigant Regarding Rule 56 Motion For Summary Judgment” in the form provided by the Court. Failure to file and serve the form notice may result in denial of the motion, without prejudice to proper renewal. Where the pro se party is not the plaintiff, the movant shall amend the form notice as necessary to reflect that fact.
Source of truth
(a) Statements of Facts on Motion for Summary Judgment. (1) Movant’s Statement. Upon any motion for summary judgment pursuant to Fed. R. Civ. P. 56, there shall be annexed to the notice of motion a separate, short, and concise statement, in numbered paragraphs, of the material f
- Official source
- W.D.N.Y. — Rules: Individual, Local & Federal (U.S. District Court, Western District of New York)
- Source health
- Healthy · checked November 14, 2026
- Effective date
- January 15, 2026
- Last verified
- November 3, 2026benchpath-nyfed-rules-2026-11-03
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