Rule 1035.5.Procedure When Judgment Is Denied or Is Not Rendered Upon the Whole Case.

Adopted February 14, 1996 · Not amended since adoption · Last verified June 30, 2026

In one sentenceRule 1035.5 lets the court, when summary judgment is denied or not granted on the whole case, specify the material facts that appear without controversy so that those facts are established and the trial is narrowed.

Full Text of Rule 1035.5

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If judgment is denied or is not rendered upon the whole case or for all the relief asked and a trial is necessary, the court when considering the motion may, if practicable, ascertain from the pleadings, the evidence and the parties which material facts relevant to the motion exist without controversy and which are actually controverted. It shall thereupon make an order specifying the facts that are without 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 and the trial shall be conducted accordingly.

End

Plain-English Summary

This rule salvages progress from a denied motion. If summary judgment is denied, or is not rendered on the whole case or for all the relief sought and a trial is necessary, the court may, where practicable, ascertain which material facts exist without controversy and which are actually controverted.

Those facts are then settled for trial. The court specifies them, and at trial they are deemed established, narrowing the issues that must be tried.

Frequently Asked Questions

What happens to a case after summary judgment is partly denied?

The court may specify which material facts are without controversy, so they are treated as established at trial and the case is narrowed to the disputed issues.

Amendment History

The provisions of this Rule 1035.5 adopted February 14, 1996, effective July 1, 1996, 26 Pa.B. 862.

Source & verification. Rule text, the Official Note, and the amendment history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation of rules adopted by the Supreme Court of Pennsylvania. This rule has not been amended since its adoption. Last verified June 30, 2026. · Official text

Also known as: partial summary judgmentnarrowing issuesfacts not in controversy