Rule 56.Summary judgment.

Last amended 2000 · Last verified July 3, 2026

In one sentenceRule 56 lets a party win all or part of a case without trial by showing there's no genuine dispute over any material fact, and sets a strict timeline for the motion, opposing affidavits, and what happens if the case isn't fully resolved.

Full Text of Rule 56

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

(a) For claimant. – A party seeking to recover upon a claim, counterclaim, or crossclaim or to obtain a declaratory judgment may, at any time after the expiration of 30 days from the commencement of the action or after service of a motion for summary judgment by the adverse party, move with or without supporting affidavits for a summary judgment in his favor upon all or any part thereof.

(b) For defending party. – A party against whom a claim, counterclaim, or crossclaim is asserted or a declaratory judgment is sought, may, at any time, move with or without supporting affidavits for a summary judgment in his favor as to all or any part thereof.

(c) Motion and proceedings thereon. – The motion shall be served at least 10 days before the time fixed for the hearing. The adverse party may serve opposing affidavits at least two days before the hearing. If the opposing affidavit is not served on the other parties at least two days before the hearing on the motion, the court may continue the matter for a reasonable period to allow the responding party to prepare a response, proceed with the matter without considering the untimely served affidavit, or take such other action as the ends of justice require. For the purpose of this two-day requirement only, service shall mean personal delivery, facsimile transmission, or other means such that the party actually receives the affidavit within the required time. 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 any 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 genuine issue as to the amount of damages. Summary judgment, when appropriate, may be rendered against the moving party.

(d) Case not fully adjudicated on motion. – If on motion under this 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.

(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 his pleading, but his 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 he does not so respond, summary judgment, if appropriate, shall be entered against him.

(f) When affidavits are unavailable. – Should it appear from the affidavits of a party opposing the motion that he cannot for reasons stated present by affidavit facts essential to justify his 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 him to incur, including reasonable attorney's fees.

End

Amendment History

(1967, c. 954, s. 1; 2000-127, s. 6.)

Plain-English Summary

Rule 56(a) and (b) let either side move for summary judgment, with or without supporting affidavits: a claimant, after 30 days from commencement or after the other side moves first, on a claim, counterclaim, crossclaim, or declaratory-judgment request; a defending party, at any time, on any of those claims asserted against it.

Rule 56(c) requires the motion at least 10 days before the hearing, with opposing affidavits due at least two days before -- measured, for this two-day window only, by personal delivery, fax, or another method that gets the affidavit to the party in time; if an opposing affidavit is untimely, the court may continue the matter, proceed without considering it, or take whatever other action justice requires. Judgment issues immediately if the full record -- pleadings, discovery, admissions, and any affidavits -- shows no genuine issue of material fact and any party is entitled to judgment as a matter of law; a liability-only judgment is available even with a live damages dispute, and judgment may go against the moving party too.

Rule 56(d) has the court, when the whole case isn't resolved by the motion, sort out which material facts are uncontroverted and which are disputed in good faith, then order further proceedings and treat the uncontroverted facts as established at trial. Rule 56(e) requires affidavits to rest on personal knowledge, state facts that would be admissible in evidence, and show the affiant's competence to testify, with sworn or certified copies of any referenced documents attached; affidavits may be supplemented by depositions, interrogatory answers, or further affidavits, and once a properly supported motion is made, the opposing party can't rest on the bare allegations or denials in its pleading -- it must respond with specific facts showing a genuine trial issue or risk summary judgment against it.

Rule 56(f) lets the court deny the motion, order a continuance to let the opponent obtain affidavits, take depositions, or pursue discovery, or make another just order, if the opponent's own affidavits show it cannot, for stated reasons, present essential opposing facts by affidavit yet. Rule 56(g) requires the court to order a party who files bad-faith or delay-only affidavits to pay the other side's reasonable expenses caused by those affidavits, including attorney's fees.

Frequently Asked Questions

What must a party show to win summary judgment?

That the full record -- pleadings, discovery, admissions, and any affidavits -- shows no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.

What happens if the opposing party doesn't respond to a properly supported summary judgment motion?

Rule 56(e) says it can't rest on the bare allegations or denials in its pleading -- it must set out specific facts showing a genuine issue for trial, or risk summary judgment being entered against it.

Can a party get more time if it isn't yet able to respond to a summary judgment motion with affidavits?

Yes. Rule 56(f) lets the court deny the motion, continue it to allow affidavits, depositions, or discovery, or make another just order, if the opposing affidavits show the party can't yet present essential facts for stated reasons.

Source & verification. The rule text and history citation are reproduced verbatim from the official North Carolina General Statutes, Chapter 1A (N.C. R. Civ. P. 56). Enacted by the North Carolina General Assembly (S.L. 1967, c. 954, codified at N.C.G.S. § 1A-1). The plain-English summary is original and written by us. Last verified July 3, 2026. · Official source

Also known as: summary judgment standardMSJmotion for summary judgmentgenuine issue of material factmotion and response deadlines summary judgmentpartial summary judgmentaffidavits in support of summary judgmentbad faith affidavit sanctionsno genuine issue of material fact