The Federal Rules Committee of the Judicial Conference of the United States is considering rule changes that would make it easier for defendants to have summary judgment granted. Plaintiff attorneys have opposed the proposed Rule because it would require the moving party to identify purportedly non-contested facts, and require the non-moving party to demonstrate, by citation to the record, that those facts are contested. This can be a daunting task.
However, this need not be overwhelming. In fact, some federal court judges in Philadelphia have already begun requiring litigants to include a Statement of Uncontested Facts with motions for summary judgment. How do my clients and I handle them? Using the Summary Judgment Wizard in CaseMap. With this tool, part of the CaseMap Suite, it is easy to identify contested and uncontested facts and generate reports that would easily comply with the proposed Rule. And the CaseMap tool is far faster than doing the same work manually.