(a) By a Claiming Party. A party claiming relief may move, with or without supporting affidavits, for summary judgment on all or part of the claim.
Rule 56.Summary Judgment
Enacted effective October 1, 2011 · Last verified June 26, 2026
In one sentenceRule 56 lets either side win without a trial by showing, through the pleadings, discovery, and affidavits, that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law.
Full Text of Rule 56
(b) By a Defending Party. A party against whom relief is sought may move, with or without supporting affidavits, for summary judgment on all or part of the claim.
(c) Time for a Motion, Response, and Reply; Proceedings.
(1) These times apply unless the court orders otherwise:
(A) a party may move for summary judgment at any time;
(B) a party opposing the motion must file a response, and any opposing affidavits, within 21 days after the motion is served or a responsive pleading is due, whichever is later; and
(C) the movant may file a reply within 14 days after the response is served.
(2) Hearing.
(A) The right to a hearing is waived unless a party requests a hearing within 14 days after the time for filing a reply brief has expired.
(B) The court may set a hearing on its own motion.
(3) The judgment sought should be rendered if the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law.
(d) Case Not Fully Adjudicated on the Motion.
(1) Establishing Facts. If summary judgment is not rendered on the whole action, the court should, to the extent practicable, determine what material facts are not genuinely at issue. The court should so determine by examining the pleadings and evidence before it and by interrogating the attorneys. It should then issue an order specifying what facts -- including items of damages or other relief -- are not genuinely at issue. The facts so specified must be treated as established in the action.
(2) Establishing Liability. An interlocutory summary judgment may be rendered on liability alone, even if there is a genuine issue on the amount of damages.
(e) Affidavits; Further Testimony.
(1) In General. A supporting or opposing affidavit 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 the matters stated. If a paper or part of a paper is referred to in an affidavit, a sworn or certified copy must be attached to or served with the affidavit. The court may permit an affidavit to be supplemented or opposed by depositions, answers to interrogatories, or additional affidavits.
(2) Opposing Party’s Obligation to Respond. When a motion for summary judgment is properly made and supported, an opposing party may not rely merely on allegations or denials in its own pleading; rather, its response must -- by affidavits or as otherwise provided in this rule -- set out specific facts showing a genuine issue for trial. If the opposing party does not so respond, summary judgment should, if appropriate, be entered against that party.
(f) When Affidavits Are Unavailable. If a party opposing the motion shows by affidavit that, for specified reasons, it cannot present facts essential to justify its opposition, the court may:
(1) deny the motion;
(2) order a continuance to enable affidavits to be obtained, depositions to be taken, or other discovery to be undertaken; or
(3) issue any other just order.
(g) Affidavits Submitted in Bad Faith. If satisfied that an affidavit under this rule is submitted in bad faith or solely for delay, the court must 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.
Plain-English Summary
Summary judgment is the tool a party uses to win a case—or narrow it—without a trial. The idea is that a trial exists to resolve genuine factual disputes; when there is nothing for a jury to decide, the court can rule on the law instead.
The standard. A court grants summary judgment when the pleadings, discovery, disclosures, and affidavits show no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. Either the claiming party or the defending party can move, at any time, on all or part of a claim.
The burden shifts. The party moving for summary judgment goes first and must show that no genuine factual dispute exists. Once it does, the burden shifts to the opposing party, who cannot simply rest on the allegations or denials in its pleadings. The opponent must come forward with affidavits or other evidence setting out specific facts showing a real dispute for trial. If it does not, summary judgment may be entered against it.
Timing. Montana sets its own schedule in subdivision (c): the party opposing the motion has 21 days to respond (or until its responsive pleading is due, whichever is later), and the moving party has 14 days to reply. A hearing is not automatic—the right to one is waived unless a party requests it within 14 days after the reply deadline passes, though the court can set a hearing on its own.
Rule 56 also handles the in-between situations: the court can grant partial summary judgment, settle which facts are established for trial, or resolve liability while leaving damages open. And if the opposing party genuinely needs more discovery to respond, subdivision (f) lets it ask the court—by affidavit—to deny or postpone the motion so that discovery can happen first.
Frequently Asked Questions
What is the standard for summary judgment in Montana?
The court grants summary judgment when the record shows no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.
Who has the burden on a summary-judgment motion?
The moving party has the initial burden to show that no genuine issue of material fact exists. Once that is met, the burden shifts to the opposing party to set out specific facts showing a genuine issue for trial.
Can I defeat the motion by pointing to my complaint or answer?
No. Once the motion is properly made and supported, the opposing party may not rely merely on the allegations or denials in its pleadings; it must respond with affidavits or other evidence showing specific facts in dispute.
How long do I have to respond to a summary-judgment motion?
You must file a response and any opposing affidavits within 21 days after the motion is served or your responsive pleading is due, whichever is later. The moving party may reply within 14 days after the response is served.
Is a hearing automatic on a summary-judgment motion?
No. The right to a hearing is waived unless a party requests one within 14 days after the reply deadline expires, although the court may set a hearing on its own motion.
What if I need more discovery before I can respond?
Under Rule 56(f), if you show by affidavit that you cannot present facts essential to your opposition, the court may deny the motion, order a continuance for discovery, or issue any other just order.
Source & verification. Reproduced verbatim from the Montana Code Annotated as
published by the State Law Library of Montana and the Montana Legislature. This rule has not been amended since its adoption.
Adopted by the Supreme Court of Montana (AF 07-0157). Last verified June 26, 2026. ·
Official text