Rule 56 — Summary Judgment

Fed. R. Civ. P. 56

• Source: Federal Rules of Civil Procedure
• Rule: 56
• TITLE VII: JUDGMENT
• Citation: Fed. R. Civ. P. 56

Text

(a) MOTION FOR SUMMARY JUDGMENT OR PARTIAL SUMMARY JUDG-
MENT. 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) TIMETOFILEAMOTION. 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 in-
formation, affidavits or declarations, stipulations (includ-
ing those made for purposes of the motion only), admis-
sions, 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 ad-
verse party cannot produce admissible evidence to support
the fact.
(2) Objection That a Fact Is Not Supported by Admissible Evi-
dence. 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 non-
movant shows by affidavit or declaration that, for specified rea-
sons, 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 sat-
isfied that an affidavit or declaration under this rule is submitted
in bad faith or solely for delay, the court—after notice and a rea-
sonable 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.

Advisory Committee Notes

(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Jan. 21, 1963, eff. July 1, 1963; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 2007, eff. Dec. 1, 2007; Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 28, 2010, eff. Dec. 1, 2010.)