Civil Litigation
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Henry v. City of Tallahassee
15 Fla. L. Weekly Fed. D363 (N.D. Fla. July 12, 2002)
Local rules have the force of law. Local Rule 56.1(A) was designed to facilitate the resolution of summary judgment motions by requiring each party to direct the courts attention to the material facts at issue. If a party submits evidence in support of a motion for summary judgment, a court has the discretion to strike portions not conforming with local and federal rules. The court also embraced the standards for a motion to strike laid out in Ward v. State of Fla., Dept. of Juvenile Justice, specifically that evidence considered on a motion for summary judgment does not have to be in admissible form at that time, including hearsay, but the party must show that it will be reduced to admissible form at trial.
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