Rule 56.Summary Judgment

Last amended December 1, 2010 · Last verified June 30, 2026

In one sentenceRule 56 lets a party win without a trial by showing there is no genuine dispute as to any material fact and that it is entitled to judgment as a matter of law, supported by citations to record evidence, on all or part of a claim.

Full Text of Rule 56

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h)

(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.

(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's fees, it incurred as a result. An offending party or attorney may also be held in contempt or subjected to other appropriate sanctions.

End

Amendment History

(Amended December 27, 1946, effective March 19, 1948; January 21, 1963, effective July 1, 1963; March 2, 1987, effective August 1, 1987; April 30, 2007, effective December 1, 2007; March 26, 2009, effective December 1, 2009; April 28, 2010, effective December 1, 2010.)

Plain-English Summary

Summary judgment ends a case, or part of one, before trial when the facts that matter are not in dispute. Under Rule 56, a party may move for summary judgment on a claim or defense — or part of one — and the court grants it if the movant shows there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.

The rule is built around the record. A party asserting that a fact cannot be or is in genuine dispute must support the point by citing particular materials — depositions, documents, affidavits or declarations, admissions, and the like — or by showing that the cited materials do not establish a dispute. Affidavits must be made on personal knowledge and set out admissible facts. The court considers the cited materials (and may consider others), and may grant or deny the motion, defer it, or state which material facts are not in genuine dispute. Unless a local rule or the court orders otherwise, a party may file a motion until 30 days after the close of all discovery.

Frequently Asked Questions

What is summary judgment?

A ruling that decides a claim or defense before trial because there is no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law (Rule 56(a)).

What is the summary-judgment standard?

No genuine dispute as to any material fact, plus entitlement to judgment as a matter of law — the moving party must show both (Rule 56(a)).

When can you move for summary judgment?

Unless a local rule or the court sets a different time, a party may file at any time until 30 days after the close of all discovery (Rule 56(b)).

Source & verification. The rule text and amendment history are reproduced verbatim from the official Federal Rules of Civil Procedure (Fed. R. Civ. P. 56), a public-domain work of the U.S. Government. Prescribed by the United States Supreme Court under the Rules Enabling Act. The plain-English summary is original and written by us. Last verified June 30, 2026. · Official source

Also known as: FRCP 56Fed. R. Civ. P. 56summary judgmentno genuine dispute of material factpartial summary judgmentmotion for summary judgmentMSJ