In a two-party case, if both parties intend to file summary judgment motions, counsel must agree on which party will file the initial motion. After the first motion has been filed, the other party must file a cross-motion with a single memorandum opposing the first party's motion and supporting its own cross-motion. The first party must then file an opposition/reply The second party may file a reply to those documents. D. Md. Civ. P. 105 (2)(c) (amended eff 7/1/21).
File Motions Within Deadline Set by the Court
All motions must be filed within deadlines set by the court. D. Md. Civ. P. 105 (2)(a) (amended eff 7/1/21).
Serve Opposition Papers Within 14 Days of Service of Motion
Unless a different time is set by local rule, a party may file a motion for summary judgment at any time until 30 days after the close of discovery. FRCP 56(b).
Judge May Set Briefing Schedule
Many judges will set an individual briefing schedule for motions for summary judgment.
Rules And Requirements
A party may move for summary judgment, identifying each claim or defense--or the part of each claim or defense--on which summary judgment is sought. FRCP 56 (a).
Legal Standard--No Genuine Dispute as to Any Material Fact
"The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." FRCP 56 (a).
A motion must be made in writing, (unless made during a hearing or at trial), and must set forth with particularity the grounds on which it is brought, and the relief or order sought. FRCP 7(b)(1).
Every motion and opposition to a motion must be accompanied by a memorandum setting forth the reasoning and authorities in support of it and a proposed order. D. Md. Civ. P. 105 (1) (amended eff 7/1/21).
Unless otherwise ordered by the court, memoranda in support of or in opposition to a motion and trial briefs must not exceed thirty-five (35) pages. This page limitation does not include affidavits and exhibits; tables of contents and citations; or addenda containing statutes, rules, and regulations, or similar material. D. Md. Civ. P. 105 (3) (amended eff 7/1/21).
Amicus briefs may be no longer than fifteen (15) pages. D. Md. Civ. P. 105 (12) (amended eff 7/1/21).
Parties Represented By Counsel
If a party is represented by counsel, the clerk will accept for filing only those documents signed by an attorney whose appearance is entered on behalf of the party. D. Md. Civ. P. 102(1)(a)(i) (amended eff 7/1/16)
Parties Filing Pro Se
Anything filed using an attorney’s login and password will be deemed to have been signed by that attorney for all purposes. MD D ECF Policies and Procedures Manual § III.C.8.a.
Additional Attorney Information Required
Attorneys remain responsible for ensuring current contact information is provided at the bottom of all documents filed either by paper or electronically. MD D ECF Policies and Procedures Manual § III.C.8.1.
See District of Maryland SmartRules™ Guide: GENERAL RULES AND FORMATTING REQUIREMENTS.
A party may object that the material cited to support or dispute a fact cannot be presented in a form that would be admissible in evidence. FRCP 56 (c)(2).
Court May Consider Material Not Cited
The court need consider only cited materials, but may consider other materials in the record. FRCP 56 (c)(3).
See District of Maryland SmartRules™ procedural guide: DECLARATIONS.
A motion for summary judgment may be supported by matters of which the court may take judicial notice. See FRE 201.
In cases exempt from electronic filing, counsel may contact the presiding judge and ask to be excused from filing a copy of voluminous exhibits attached to a motion or memorandum. D. Md. Civ. P. 105 (1)(b) (amended eff 7/1/21).
If a motion, memorandum, or brief has more than five (5) accompanying exhibits, the exhibits must be tabbed and indexed. D. Md. Civ. P. 105 (5) (amended eff 7/1/21).
If any motion, memorandum, or brief is accompanied by more than five (5) exhibits, the exhibits shall be tabbed and indexed. D. Md. Civ. P. 105 (5)(a) (amended eff 7/1/21).
See District of Maryland SmartRules™ procedural guide: PROPOSED ORDER.
FILING AND SERVICE
The court allows attorneys to open some civil cases electronically. MD D ECF Policies and Procedures Manual § IV.B.
Self-represented parties can electronically file documents through the court's Electronic Document Submission System. New cases must still be mailed or brought to the courthouse. Electronic Document Submission System (EDSS).
The motion and any opposition or reply, memorandum, and any exhibits or attachments must be filed electronically. D. Md. Civ. P. 105 (1)(a) (amended eff 7/1/21).
The ECF Manual sets forth detailed technical procedures regarding the submission of, among other document types: Removals, Returns of Service, Answers, Cross-claims, Counterclaims, Third-Party Complaints, Disclosures of Corporate Interest, Motions, Responses and Replies, Certificates of Service, Discovery, and Discovery Motions. Special requirements and detailed instructions for submitting each of these document types are set forth in the MD D ECF Policies and Procedures Manual § IV.
Excessively large documents, especially those that are scanned, may exceed the system’s per document capacity (30 megabytes). If you have a very large document (usually well over 100 pages in length*) that exceeds the system’s capacity, you must subdivide the document, appropriately identify each attachment (e.g., Exhibit A, Part 1; Exhibit A, Part 2, etc.), and file each document separately.
*The 100-page limit is approximate. Depending on the contents of the document, type of scanner, and software used, you may be able to electronically file longer documents. If your document exceeds 30 megabytes, the system will display an error message.
All papers must be served on each of the parties, unless the court orders otherwise under FRCP 5(c) because there are numerous defendants. FRCP 5 (a) (amended eff 12/1/18).
Papers must be filed no later than a reasonable time after service. FRCP 5 (d) (amended eff 12/1/18).
The proof of service is only required if documents are not served by filing them with the court's electronic filing system. FRCP 5 (d)(1)(B) (amended eff 12/1/18).
Service must be made by mail or personal delivery, electronically to users registered with the court's electronic-filing system or by other electronic means consented to in writing. FRCP 5 (b) (amended eff 12/1/18).
The court may make provision by rule or order for the submission and determination of motions without oral hearing upon brief written statements of reasons in support and opposition. FRCP 78 (b) .
Counsel may request a hearing but motions will be decided on the memoranda without a hearing unless the court orders otherwise. D. Md. Civ. P. 105 (6) (amended eff 7/1/21).
After notice and a reasonable time to respond, the court may:
(1) Grant summary judgment for a nonmovant;
(2) Grant summary judgment on grounds not raised by a party;
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