Pleadings and Motions
Dispositive Motions
Local rules generally require a numbered statement of material facts with record citations for each. The opposing party responds to each numbered paragraph, admitting, disputing with citation, or objecting.
Facts not properly controverted may be deemed admitted.
Alternative Names:
Statement of Facts, SUMF
Why it Matters?
The deemed admitted consequence makes the response the most important document the opposing party files, since a general denial or an unsupported dispute leaves the fact established. Courts enforce the citation requirement, and disputes asserted without record support are routinely disregarded. For the movant, drafting each fact narrowly enough that it cannot honestly be disputed is what produces an unopposed record.
Frequently Confused with
Related terms
Frequently asked questions
What happens to facts not properly disputed?
What does a proper dispute require?
