Parties must confer in good faith before filing any summary judgment motion to streamline the issues, to address choice of law, and to plan the efficient presentation of arguments. This means talking through the issues or arguments, not merely writing an email or letter. The movant must certify in the motion that the parties have so conferred. Failure to confer or to certify may result in the summary denial or striking of the summary judgment motion.

This obligation to confer is over and above the discussion the presider typically has with the parties at a pretrial scheduling conference. Parties must come prepared to discuss summary judgment at this conference and any potential narrowing of issues, consistent with Fed. R. Civ. P. 16.

All summary judgment motions, briefing, and filings must comply with Fed. R. Civ. P. 56, N.D. Ind. L.R. 56-1, and these requirements. Attorneys can take simple steps to assist the court in rendering efficient rulings. The court establishes the following practices for all civil cases, consistent with federal and local rules, to see to this.

First, in the event of anticipated cross-motions for summary judgment, the parties must propose a consolidated briefing schedule for the court’s approval before filing the motions.

Second, parties must separately file an appendix of evidence—the cover essentially serving as an index or table of contents that provides a particular description of each exhibit and the exhibit’s designation (e.g., “Jane Doe’s Deposition . . . . . Exhibit 1,” not merely “Exhibit A”). File the appendix (index) as the primary docket number, with all exhibits as separate attachments to the appendix. Do not file an appendix or exhibit as an attachment to a summary judgment motion, brief, or statement of material facts. Do not file multiple exhibits en masse or as one document on the docket; each exhibit must be filed separately as an attachment to the appendix. Though it may be customary to attach multiple exhibits to a deposition or affidavit, file the deposition or affidavit separately from each individual exhibit. When docketed, the attachments should be titled on the ECF system the same as stated in the appendix. Each exhibit must be text searchable, where feasible. Manually filed exhibits may be filed with a separate notice.

Third, though not required with modest records, consider submitting to chambers a courtesy hard copy of exhibits in an organized binder, particularly for large records (printed double-sided to reduce size). The court also may order the parties to do so when appropriate. The parties may, as they confer, develop a joint appendix of evidence or even a partial one to reduce their respective submissions (e.g., agreements, depositions, or other documents used by both sides).

Fourth, cite to exhibits with particularity as required by Fed. R. Civ. P. 56(c)(1) and N.D. Ind. L.R. 56-1. For instance, citing to “Exhibit 36” when the exhibit covers 25 pages isn’t citing the exhibit with particularity. Cite a page, agreement section, paragraph number, or other specific reference, using consistent citation conventions, to facilitate the court’s review of the evidence of importance. Parties must use particular citations in all statements of material facts, and responses and replies to them. Often these are helpful in briefing too, but at bare minimum citations to the specific paragraphs of the statements of material facts or responses must appear in the briefs. The court may deem facts unestablished or undisputed without proper citations to the record.

Fifth, in responding or replying to a statement of material facts (separately filed per local rule), parties must address the substance of each fact, making a concerted effort to discern whether they agree to a given statement and to identify specific areas of disagreement with particular citations to the record. These are meant to be statements of facts, not arguments. Address arguments in briefing. These also aren’t responses to discovery. Don’t muck up the factual statements or responses with argument, objections, or other avoidances (e.g., “document speaks for itself” or a mere “denied”). Any disputes about evidence must comply with N.D. Ind. L.R. 56-1 and must be raised in briefing. A separate motion to strike must not be filed.

Failure to comply may result in remedial action, including striking filings, denying the motion, deeming facts admitted or undisputed, or other action commensurate to the circumstances.