NRCP 56

Summary Judgment

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Rule 56. Summary Judgment

 (a) Motion for Summary Judgment or Partial
Summary Judgment. A party may move for
summary judgment, identifying each claim or defense—or the part of each claim
or defense—on which summary judgment is sought. The court shall grant summary
judgment if the movant shows that there is no genuine dispute as to any material
fact and the movant is entitled to judgment as a matter of law. The court
should state on the record the reasons for granting or denying the motion.

 (b) Time to File a Motion. Unless
a different time is set by local rule or the court orders otherwise, a party
may file a motion for summary judgment at any time until 30 days after the
close of all discovery.

 (c) Procedures.

 (1) Supporting Factual Positions. A
party asserting that a fact cannot be or is genuinely disputed must support the
assertion by:

 (A) citing to particular parts of
materials in the record, including depositions, documents, electronically
stored information, affidavits or declarations, stipulations (including those
made for purposes of the motion only), admissions, interrogatory answers, or
other materials; or

 (B) showing that the materials cited
do not establish the absence or presence of a genuine dispute, or that an
adverse party cannot produce admissible evidence to support the fact.

 (2) Objection That a Fact Is Not
Supported by Admissible Evidence. A party may object that the
material cited to support or dispute a fact cannot be presented in a form that
would be admissible in evidence.

 (3) Materials Not Cited. The
court need consider only the cited materials, but it may consider other
materials in the record.

 (4) Affidavits or Declarations. An
affidavit or declaration used to support or oppose a motion must be made on
personal knowledge, set out facts that would be admissible in evidence, and
show that the affiant or declarant is competent to testify on the matters
stated.

 (d) When Facts Are Unavailable to the
Nonmovant. If a nonmovant shows by
affidavit or declaration that, for specified reasons, it cannot present facts
essential to justify its opposition, the court may:

 (1) defer considering the motion or deny
it;

 (2) allow time to obtain affidavits or
declarations or to take discovery; or

 (3) issue any other appropriate order.

 (e) Failing to Properly Support or Address a
Fact. If a party fails to properly support an
assertion of fact or fails to properly address another party’s assertion of
fact as required by Rule 56(c), the court may:

 (1) give an opportunity to properly
support or address the fact;

 (2) consider the fact undisputed for
purposes of the motion;

 (3) grant summary judgment if the motion
and supporting materials—including the facts considered undisputed—show that
the movant is entitled to it; or

 (4) issue any other appropriate order.

 (f) Judgment Independent of the Motion. After
giving notice and a reasonable time to respond, the court may:

 (1) grant summary judgment for a
nonmovant;

 (2) grant the motion on grounds not raised
by a party; or

 (3) consider summary judgment on its own
after identifying for the parties material facts that may not be genuinely in
dispute.

 (g) Failing to Grant All the Requested Relief. If
the court does not grant all the relief requested by the motion, it may enter
an order stating any material fact—including an item of damages or other
relief—that is not genuinely in dispute and treating the fact as established in
the case.

 (h) Affidavit or Declaration Submitted in Bad
Faith. If satisfied that an affidavit or declaration
under this rule is submitted in bad faith or solely for delay, the court—after
notice and a reasonable time to respond—may order the submitting party to pay
the other party the reasonable expenses, including attorney fees, it incurred
as a result. An offending party or attorney may also be held in contempt or
subjected to other appropriate sanctions.

 [Amended; effective March 1, 2019.]

Verbatim from the official publication; the only normalization is removal of the publisher's page headers. Verify against the official source for filing-critical use — court publications change without notice.