1 Sec. 17-45.

Required Supporting Documents; Proceedings upon Motion for Summary Judgment; [Request for Extension of Time to Respond]

(a) Except in actions to foreclose a mortgage or lien on real estate as provided in section 17-45a, a [A] motion for summary judgment shall be supported by such documents as may be appropriate, including but not limited to affidavits, certified transcripts of testimony under oath, disclosures, written admissions and the like. In addition to any supporting documents, any motion for summary judgment shall be accompanied by a separate document entitled Statement of Undisputed Material Facts that shall set forth in separately numbered paragraphs a concise statement of each material fact as to which the moving party contends there is no genuine issue to be tried. All material facts set forth in this statement will be deemed admitted unless controverted by the statement required of the opposing party under subsection (b) hereof. (b) Unless otherwise ordered by the judicial authority, any adverse party shall [at least five days before the date the motion is to be considered on the short calendar file] have forty-five days to respond to a motion for summary judgment by filing and serving in accordance with Sections 10-12 through 10-17 opposing affidavits and other available documentary evidence . [Affidavits, and other documentary proof not already a part of the file, shall be filed and served as are pleadings.] In addition to any opposing affidavits or other documentary evidence, any party opposing a motion for summary judgment shall also file a separate document entitled Statement of Disputed Material Facts that shall state in separately numbered paragraphs, corresponding to the paragraphs contained in the moving partys Statement of Undisputed Material Facts, whether each of the facts asserted by the moving party is admitted or denied. The Statement of Disputed Material Facts shall also contain in a separate section a list of each issue of material fact as to which the party opposing summary judgment contends that there is a dispute to be tried. (c) Each statement of material fact set forth by a moving party or an opposing party in the statements required under subsections (a) and (b) hereof must contain a citation to (1) the affidavit or deposition testimony of a witness or (2) other appropriate evidence. (d) The motion shall be placed on the short calendar to be held not less than [fifteen] sixty days following the filing of the motion and the supporting materials, unless the judicial authority otherwise directs. [Any adverse party may, within ten days of the filing of the motion with the court, file a request for extension of time to respond to the motion. The clerk shall grant such request and cause the motion to appear on the short calendar not less than thirty days from the filing of the request. ] Commentary: This section contains new provisions intended to establish a mechanism to promote the efficient and correct adjudication of summary judgment motions, similar to those set forth in Fed. R. Civ. Proc. 56, by requiring the parties to (1) identify with specificity the facts at issue in connection with the motion, and (2) support their contentions about each such fact. The moving party is required to specify, in writing, the material facts that are not the subject of a genuine dispute, and to identify (and submit to the court) the evidentiary basis of each such factual claim. The adverse party is required to file a written response to the movants statement in a corresponding format. This procedure will 110512

2 focus the inquiry and assist the judicial authority in making its ruling.

(NEW) Sec. 17-45 A. Proceedings upon Motion for Summary Judgment in Foreclosure; Request for Extension of Time to Respond

In actions to foreclose a mortgage or lien on real estate, a motion for summary judgment shall be supported by such documents as may be appropriate, including but not limited to affidavits, certified transcripts of testimony under oath, disclosures, written admissions and the like. The motion shall be placed on the short calendar to be held not less than fifteen days following the filing of the motion and any supporting materials unless the judicial authority otherwise directs. Any adverse party may, within ten days of the filing of the motion with the court, file a request for extension of time to respond to the motion. The clerk shall grant such request and cause the motion to appear on the short calendar not less than thirty days from the filing of the request. Any adverse party shall at least five days before the date the motion is to be considered on the short calendar file opposing affidavits and other available documentary evidence. Affidavits, and other documentary proof not already a part of the file, shall be filed and served as are pleadings. Commentary: This section contains a new provision intended to exclude actions to foreclose real estate from the new procedure required of motions for summary judgment in other civil matters.

110512