Open main menu
Home
Random
Recent changes
Special pages
Community portal
Preferences
About Wikipedia
Disclaimers
Incubator escapee wiki
Search
User menu
Talk
Dark mode
Contributions
Create account
Log in
Editing
Summary judgment
(section)
Warning:
You are not logged in. Your IP address will be publicly visible if you make any edits. If you
log in
or
create an account
, your edits will be attributed to your username, along with other benefits.
Anti-spam check. Do
not
fill this in!
====Filing and privacy==== {{See also|Motion (legal)#Motion for summary judgment}} Many [[U.S. district courts]] have developed their own requirements included in local rules for filing summary-judgment motions.<ref>{{cite web|url=http://www.uscourts.gov/RulesAndPolicies/FederalRulemaking/LocalCourtRules.aspx|title=Local Court Rules|url-status=dead|archive-url=https://web.archive.org/web/20100522042618/http://www.uscourts.gov/RulesAndPolicies/FederalRulemaking/LocalCourtRules.aspx|archive-date=2010-05-22}}</ref> Local rules can set limits on the number of pages, explain if a separate factual statement is required, whether it is acceptable to combine motion petition with a response, and if a judge needs an additional copy of the documents (called a judge's copy), etc.<ref name="indiana" /><ref name="Oklahoma" /> Local rules can define page-layout elements like [[Margin (typography)|margins]], text [[font|font/size]], distance between lines, mandatory footer text, [[Pagination|page numbering]], and provide directions on how the pages need to be bound together β i.e., acceptable [[Staple (fastener)|fasteners]], number and location of [[Hole punch|fastening holes]], etc.<ref name="indiana">{{cite web|url=http://www.insd.uscourts.gov/publications/localrules.pdf|title=Local Rules of U.S. District Court, District of Indiana|url-status=dead|archive-url=https://web.archive.org/web/20110928042133/http://www.insd.uscourts.gov/publications/localrules.pdf|archive-date=2011-09-28}}</ref><ref name="Oklahoma">{{cite web|url=http://www.oknd.uscourts.gov/legal/generalo.nsf/0A0713F3B13A3660862570360013F310/$file/civil%20local%20rules.pdf|title=Local Rules of U.S. District Court, District of Oklahoma}}</ref><ref name="oregon">{{cite web |url= http://ord.uscourts.gov/local-rules-of-civil-procedure/lr-10-form-of-pleadings-and-other-documents |title= Local Rules of U.S. District Court, District of Oregon |url-status= dead |archive-url= https://web.archive.org/web/20100527104338/http://www.ord.uscourts.gov/local-rules-of-civil-procedure/lr-10-form-of-pleadings-and-other-documents |archive-date= 2010-05-27 }}</ref> If the filed motion does not comply with the local rules, then the judge can choose to [[Motion to strike (court of law)|strike]] the motion completely, or order the party to re-file its motion, or grant a special exception to the local rules. Summary-judgment motions, like many other court filings, are a matter of public record. So under [[Federal Rules of Civil Procedure]] 5.2, sensitive text like [[Social Security number]], [[Taxpayer Identification Number]], [[birthday]], bank accounts and [[Minor (law)|children]]'s names, should be [[Sanitization (classified information)|redacted]] from the summary-judgment motion and accompanying exhibits.<ref name=frcp5>{{cite web|url=https://www.law.cornell.edu/rules/frcp/Rule5_2.htm|title=Federal Rules of Civil Procedure}}</ref> The redacted text can be erased with black-out or white-out, and the page should have an indication that it was redacted β most often by [[Rubber stamp|stamping]] the word "redacted" on the bottom. Alternately, the filing party may ask the court's permission to file some exhibits completely [[Under seal (Law)|under seal]]. A [[Minor (law)|minor]]'s name of the petitions should be replaced with initials.<ref name=frcp5 /> However, certain types of filings containing information that would otherwise be redacted are excepted from redaction.<ref>Federal Rules of Civil Procedure, Rule 5.2(b) et seq.</ref> Additionally, the local rules may require parties seeking to seal documents to first file a motion to seal and obtain leave of the court prior to filing the sealed documents.<ref>e.g. [https://www.ndd.uscourts.gov/ecf/cm_ecf_GuideToFilingSealedDocuments.pdf Local Rules, U.S. District Court, District of North Dakota]</ref> A person making a redacted filing can file an unredacted copy [[Under seal (Law)|under seal]], or the court can choose to order later that an additional filing be made under seal without redaction.<ref name=frcp5 /> Copies of both redacted and unredacted documents filed with the court should be provided to the other [[Party (law)|parties in the case]].
Edit summary
(Briefly describe your changes)
By publishing changes, you agree to the
Terms of Use
, and you irrevocably agree to release your contribution under the
CC BY-SA 4.0 License
and the
GFDL
. You agree that a hyperlink or URL is sufficient attribution under the Creative Commons license.
Cancel
Editing help
(opens in new window)