Rule 56.Summary Judgment
56.01Motion 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 issue as to any material fact and the movant is entitled to judgment as a matter of law. The court shall state on the record or in a written decision the reasons for granting or denying the motion.
(Amended effective March 1, 1994; amended effective July 1, 2018.)
56.02Time to File a Motion
Service and filing of the motion must comply with the requirements of Rule 115.03 of the General Rules of Practice for the District Courts, provided that in no event shall the motion be served less than 14 days before the time fixed for the hearing. Unless the court orders otherwise, a party may not file a motion for summary judgment more than 30 days after the close of all discovery.
(Amended effective July 1, 2018.)
56.03Procedures
(a)Supporting Factual Positions.
A party asserting that there is no genuine issue as to any material fact must support the assertion by:
(1) citing to particular parts of materials in the record, including depositions, documents, electronically stored information, affidavits, stipulations (including those made for purposes of the motion only), admissions, interrogatory answers, or other materials; or
(2) showing that the materials cited do not establish the absence or presence of a genuine issue for trial, or that an adverse party cannot produce admissible evidence to support the fact.
(b)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.
(c)Materials Not Cited.
The court need consider only the cited materials, but it may consider other materials in the record.
(d)Affidavits.
An affidavit 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 is competent to testify on matters stated.
(Amended effective March 1, 1994; amended effective July 1, 2018.)
56.04When Facts Are Unavailable to the Nonmovant
If a nonmovant shows by affidavit that, for specified reasons, it cannot present facts essential to justify its opposition, the court may:
(a) defer considering the motion or deny it;
(b) allow time to obtain affidavits or to take discovery; or
(c) issue any other appropriate order.
(Amended effective July 1, 2018.)
56.05Failing 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 56.03, the court may:
(a) give an opportunity to properly support or address the fact;
(b) consider the fact undisputed for purposes of the motion;
(c) grant summary judgment if the motion and supporting materials - including the facts considered undisputed - show that the movant is entitled to it; or
(d) issue any other appropriate order.
(Amended effective July 1, 2015; amended effective July 1, 2018.)
56.06Judgment Independent of the Motion
After giving notice and a reasonable time to respond, the court may:
(a) grant summary judgment for a nonmovant;
(b) grant the motion on grounds not raised by a party; or
(c) consider summary judgment on its own initiative after identifying for the parties the material facts that may not be genuinely in dispute.
(Amended effective July 1, 2018.)
56.07Failing 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 at issue and treating the fact as established in the case.
(Amended effective July 1, 2018.)
56.08Affidavit Submitted in Bad Faith
If satisfied that an affidavit 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's fees, it incurred as a result. An offending party or attorney may also be held in contempt or subjected to other appropriate sanctions.
(Added effective July 1, 2018.)
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Rule 562022-07-14T20:14:43-05:00