Rule 1035.1.Motion for Summary Judgment. Definition.
Adopted February 14, 1996 · Not amended since adoption · Last verified June 30, 2026
Full Text of Rule 1035.1
Plain-English Summary
Summary judgment is decided on the “record,” and this rule says what that record contains. It takes in the pleadings; depositions, answers to interrogatories, admissions, and affidavits; and reports signed by an expert witness that would satisfy the expert-discovery rule if filed, whether or not they were produced in discovery.
Fixing the contents of the record matters because summary judgment turns on whether that material, taken together, leaves a genuine issue of fact for trial. The Official Note points to the definition of “affidavit” and to the companion affidavit rule.
Frequently Asked Questions
What counts as the “record” on summary judgment?
The pleadings; depositions, interrogatory answers, admissions, and affidavits; and qualifying expert reports.
Official Note
Official Note: See Definition Rule 76 for the definition of “affidavit.” See Rule 1035.4 governing affidavits supporting or defending a motion for summary judgment.
Amendment History
The provisions of this Rule 1035.1 adopted February 14, 1996, effective July 1, 1996, 26 Pa.B. 862.