UNITED STATES BANKRUPTCY COURT

DISTRICT OF VERMONT

NOTICE TO PRO SE LITIGANT

SERVED WITH A MOTION FOR SUMMARY JUDGMENT

The [Plaintiff/Defendant] in this case has moved for summary judgment

pursuant to Rule 56 of the Federal Rules of Civil Procedure as effectuated by Federal Rules of Bankruptcy Procedures 7056. This means that the [Plaintiff/Defendant] has asked the Court to decide this case without a trial, based on written materials, including affidavits, submitted in support of the motion. THE CLAIMS ASSERTED IN THE COMPLAINT MAY BE DECIDED WITHOUT A TRIAL IF YOU DO NOT RESPOND TO THIS MOTION.

PLEASE TAKE NOTICE that in order to respond to this motion effectively you MUST file your own sworn affidavits or other papers as required by Rule 56(e). An affidavit is a sworn statement of fact based on personal knowledge that would be admissible in evidence at trial. The full text of Rule 56 is attached. In short, Rule 56 provides that you may NOT oppose summary judgment simply by relying upon the allegations in your Answer. Rather, you must submit evidence, such as witness statements or documents, countering the facts asserted by the [Plaintiff/Defendant] and raising issues of fact for trial. Any witness statements, which may include your own statements, must be in the form of affidavits. You may submit affidavits that were prepared specifically in response to [Plaintiff's/Defendant's] Motion for Summary Judgment.

Any issue of fact that you wish to raise in opposition to the Motion for Summary Judgment must be supported by affidavits or by other documentary evidence contradicting the facts asserted by the [Plaintiff/Defendant]. If you do not respond to the Motion for Summary Judgment on time with affidavits or documentary evidence contradicting the facts asserted by the [Plaintiff/Defendant], the Court may accept [Plaintiff's/Defendant's] factual assertions as true. Judgment may then be entered in the [Plaintiff's/Defendant's] favor, and the lawsuit may be dismissed without a trial.

The Court staff cannot give you legal advice. You are urged to retain an attorney to protect your rights. If you cannot afford to do that, you should obtain and follow the Court's Local Rules. You should pay special attention to Vt. LBR 7056-1 and Vt. 7056-2, which both provide information about the requirements of a motion for summary judgment.

DATED this [day] of [month] [year] at [location].

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[Printed Name of Signatory]

[Address]

[Phone #]

[Fax #]

[E-mail address]