FEDERAL RULES OF CIVIL PROCEDURE
ARTICLE VII  Rule 56-Summary Judgment

FEDERAL RULES OF CIVIL PROCEDURE

ARTICLE VI1 JUDGMENT

Rule 56. Summary Judgment

(a) For Claimant.

A party seeking to recover upon a claim, counterclaim, or cross-claim or to obtain a
declaratory judgment may, at any time after the expiration of 20 days from the
commencement of the action or after service of a motion for summary judgment by the
adverse party, move with or without supporting affidavits for a summary judgment in the
party's favor upon all or any part thereof.

(b) For Defending Party.

A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory
judgment is sought may, at any time, move with or without supporting affidavits for a
summary judgment in the party's favor as to all or any part thereof.

(c) Motion and Proceedings Thereon.

The motion shall be served at least 10 days before the time fixed for the hearing. The
adverse party prior to the day of hearing may serve opposing affidavits. The judgment
sought shall be rendered forthwith if the pleadings, depositions, answers to
interrogatories, and admissions on file, together with the affidavits, if any, show that there
is no genuine issue as to any material fact and that the moving party is entitled to a
judgment as a matter of law. A summary judgment, interlocutory in character, may be
rendered on the issue of liability alone although there is a genuine issue as to the amount
of damages.

(d) Case Not Fully Adjudicated on Motion.

If on motion under this rule judgment is not rendered upon the whole case or for all the
relief asked and a trial is necessary, the court at the hearing of the motion, by examining
the pleadings and the evidence before it and by interrogating counsel, shall if practicable
ascertain what material facts exist without substantial controversy and what material facts
are actually and in good faith controverted. It shall thereupon make an order specifying
the facts that appear without substantial controversy, including the extent to which the
amount of damages or other relief is not in controversy, and directing such further
proceedings in the action as are just. Upon the trial of the action the facts so specified shall
be deemed established, and the trial shall be conducted accordingly.

(e) Form of Affidavits; Further Testimony; Defense Required.

Supporting and opposing affidavits shall be made on personal knowledge, shall set forth
such facts as would be admissible in evidence, and shall show affirmatively that the affiant
is competent to testify to the matters stated therein. Sworn or certified copies of all
papers or parts thereof referred to in an affidavit shall be attached thereto or served
therewith. The court may permit affidavits to be supplemented or opposed by depositions,
answers to interrogatories, or further affidavits. When a motion for summary judgment is
made and supported as provided in this rule, an adverse party may not rest upon the
mere allegations or denials of the adverse party's pleading, but the adverse party's
response, by affidavits or as otherwise provided in this rule, must set forth specific facts
showing that there is a genuine issue for trial. If the adverse party does not so respond,
summary judgment, if appropriate, shall be entered against the adverse party.

(f) When Affidavits are Unavailable.

Should it appear from the affidavits of a party opposing the motion that the party cannot
for reasons stated present by affidavit facts essential to justify the party's opposition, the
court may refuse the application for judgment or may order a continuance to permit
affidavits to be obtained or depositions to be taken or discovery to be had or may make
such other order as is just.

(g) Affidavits Made in Bad Faith.

Should it appear to the satisfaction of the court at any time that any of the affidavits
presented pursuant to this rule are presented in bad faith or solely for the purpose of
delay, the court shall forthwith order the party employing them to pay to the other party
the amount of the reasonable expenses which the filing of the affidavits caused the other
party to incur, including reasonable attorney's fees, and any offending party or attorney
may be adjudged guilty of contempt.

Federal Rules of Civil Procedure: Rule 56: Notes


Federal Rules of Civil Procedure: Articles I-XIII Table of Contents-
Notes: Rule 1. Scope and Purpose of Rules n
Federal Civil Procedure-Volume-56-Table of Contents   
Federal Civil Procedure-Volume-56-Table of Contents   
Fed. Rule Civ. Pro Rule 56. Summary Judgment-Points And Authorities




 
 

Federal Rules of Civil Procedure Rule 56. Summary Judgment

 

FEDERAL RULES OF CIVIL PROCEDURE: ARTICLE VII Judgment: Rule 56-Summary Judgment
Federal Rules of Civil Procedure Rule 56. Summary Judgment