CR 56

Summary Judgment

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CR 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, after the expiration of the period within which the
defendant is required to appear, 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 move with or without supporting affidavits for a
summary judgment in such party’s favor as to all or any part thereof.
(c) Motion and Proceedings. The motion and any supporting affidavits, memoranda of
law, or other documentation shall be filed and served not later than 28 calendar days before the
hearing. The adverse party may file and serve opposing affidavits, memoranda of law or other
documentation not later than 11 calendar days before the hearing. The moving party may file and
serve any rebuttal documents not later than 5 calendar days prior to the hearing. If the date for
filing either the response or rebuttal falls on a Saturday, Sunday, or legal holiday, then it shall be
filed and served not later than the next day nearer the hearing which is neither a Saturday,
Sunday, or legal holiday. Summary judgment motions shall be heard more than 14 calendar days
before the date set for trial unless leave of court is granted to allow otherwise. Confirmation of
the hearing may be required by local rules. 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 the 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 a pleading, but a 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 for reasons stated, the party cannot 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 fees, and any offending party or attorney may
be adjudged guilty of contempt.
(h) Form of Order. The order granting or denying the motion for summary judgment shall
designate the documents and other evidence called to the attention of the trial court before the
order on summary judgment was entered.
[Adopted effective July 1, 1967; Amended effective September 1, 1978; September 1, 1985;
September 1, 1988; September 1, 1990; September 1, 1993; April 28, 2015.]

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