Rule 56.Summary judgment

Part VII: Judgment · Last amended November 1, 2015 · Last verified July 13, 2026

In one sentenceRule 56 lets a party win a claim or defense, in whole or in part, without a trial by showing the material facts aren't in dispute and the law entitles it to judgment.

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 moving party shows that there is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law. The court should state on the record the reasons for granting or denying the motion. The motion and memoranda must follow Rule 7 as supplemented below.

(1) Instead of a statement of the facts under Rule 7, a motion for summary judgment must contain a statement of material facts claimed not to be genuinely disputed. Each fact must be separately stated in numbered paragraphs and supported by citing to materials in the record under paragraph (c)(1) of this rule.

(2) Instead of a statement of the facts under Rule 7, a memorandum opposing the motion must include a verbatim restatement of each of the moving party’s facts that is disputed with an explanation of the grounds for the dispute supported by citing to materials in the record under paragraph (c)(1) of this rule. The memorandum may contain a separate statement of additional materials facts in dispute, which must be separately stated in numbered paragraphs and similarly supported.

(3) The motion and the memorandum opposing the motion may contain a concise statement of facts, whether disputed or undisputed, for the limited purpose of providing background and context for the case, dispute and motion.

(4) Each material fact set forth in the motion or in the memorandum opposing the motion under paragraphs (a)(1) and (a)(2) that is not disputed is deemed admitted for the purposes of the motion.

(b) Time to file a motion. A party seeking to recover upon a claim, counterclaim or cross-claim or to obtain a declaratory judgment may move for summary judgment at any time after service of a motion for summary judgment by the adverse party or after 21 days from the commencement of the action. A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory judgment is sought may move for summary judgment at any time. Unless the court orders otherwise, a party may file a motion for summary judgment at any time no later than 28 days after the close of all discovery.

(1) Supporting factual positions. A party asserting that a fact cannot be genuinely disputed 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.

(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, must set out facts that would be admissible in evidence, and must show that the affiant or declarant is competent to testify on the matters stated.

(d) When facts are unavailable to the nonmoving party. If a nonmoving party 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 without prejudice;

(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 paragraph (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 moving party 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 nonmoving party;

(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. The court may also hold an offending party or attorney in contempt or order other appropriate sanctions.

End

Amendment History

Amended effective November 1, 1997; November 1, 2004; May 1, 2014; repealed and reenacted effective November 1, 2015.

Advisory Committee Notes

The objective of the 2015 amendments is to adopt the style of Federal Rule of Civil Procedure 56 without changing the substantive Utah law. The 2015 amendments also move to this rule the special briefing requirements of motions for summary judgment formerly found in Rule 7. Nothing in these changes should be interpreted as changing the line of Utah cases regarding the burden of proof in motions for summary judgment.

Plain-English Summary

Rule 56 lets a party win all or part of a claim or defense without a trial. The standard is two-part: the moving party has to show there's no genuine dispute about any fact that matters to the outcome, and that the law entitles it to judgment on that undisputed record. The court has to state its reasons on the record when it rules, whether granting or denying the motion.

Summary judgment briefing in Utah replaces the usual Rule 7 statement of facts with something more structured. The moving party lays out each material fact it says isn't in genuine dispute, in separately numbered paragraphs, each backed by a citation to the record. The opposing party then has to restate — word for word — each of those facts it disputes, explain the grounds for disputing it, and back that up with its own record citations; it can also add its own numbered list of additional disputed facts. Either side can add a short narrative section just for background and context, separate from the numbered fact statements. Any material fact that goes unchallenged under this process is deemed admitted for purposes of the motion.

Timing depends on who's moving. A party trying to recover on a claim can move for summary judgment once the other side has moved first, or once 21 days have passed since the case began. A party defending against a claim can move at any time. Whoever moves, the deadline is no later than 28 days after discovery closes, unless the court sets a different schedule.

The rule also spells out what happens when the record is thin or incomplete. A party can support or dispute a fact by citing record evidence or by showing the other side's cited materials don't establish what they claim; either side can object that cited material couldn't be presented in an admissible form at trial. If a nonmoving party can't yet produce facts it needs — say, because discovery isn't finished — an affidavit or declaration explaining why can get the court to defer the motion, deny it without prejudice, or allow more time for discovery. On the flip side, a party that fails to properly support or dispute a fact risks having that fact treated as undisputed, or losing the motion outright.

A judge isn't limited to what the parties argued: after giving notice and a chance to respond, the court can grant summary judgment for the side that didn't move for it, grant it on grounds nobody raised, or take up summary judgment on its own. And even when the court denies full relief, it can still lock in whichever facts aren't in genuine dispute, narrowing what's left for trial. Filing an affidavit or declaration in bad faith, or purely to stall the case, can cost the offending party the other side's reasonable expenses and attorney fees — and can lead to contempt or other sanctions.

Frequently Asked Questions

What does 'no genuine dispute of material fact' mean in a Utah summary judgment motion?

It means the facts that matter to the legal outcome aren't seriously contested — there's no real evidence on the other side that a reasonable factfinder could rely on to decide differently. If that's true, and the law favors the moving party on those facts, the court can decide the claim or defense without a trial.

How soon can I file a motion for summary judgment in Utah?

If you're the party trying to recover on a claim, you can move once the other side has already moved for summary judgment, or once 21 days have passed since the case started. If you're defending against a claim, you can move at any time. Either way, the deadline is 28 days after discovery closes unless the court sets a different schedule.

What has to go in a Utah summary judgment motion besides the legal argument?

A separate statement of material facts you say aren't in genuine dispute, with each fact numbered separately and backed by a citation to the record — depositions, documents, affidavits, admissions, and the like.

How do I oppose a motion for summary judgment?

Restate, word for word, each of the moving party's facts you dispute, explain why you dispute it, and cite the record to back that up. You can also add your own numbered list of additional disputed facts.

What happens if I don't dispute a fact the other side raises?

It's deemed admitted for purposes of the motion. That's why the rule requires a verbatim, fact-by-fact response instead of a general denial.

What if I need more discovery before I can respond to a summary judgment motion?

File an affidavit or declaration explaining specifically what facts you need and why you can't get them yet. The court can then defer or deny the motion without prejudice, give you time to take discovery, or issue another appropriate order.

Can a judge grant summary judgment on a ground neither party raised?

Yes, but only after giving notice and a reasonable chance to respond. The court can also grant judgment for the nonmoving party or raise summary judgment on its own, all subject to that same notice requirement.

What happens if someone files a bad-faith affidavit to support or oppose summary judgment?

After notice and a chance to respond, the court can order that party to pay the other side's reasonable expenses, including attorney fees, and can hold the offending party or attorney in contempt or impose other sanctions.

Source & verification. Rule text, Advisory Committee Notes, and amendment history are reproduced verbatim from the Utah Rules of Civil Procedure, adopted by the Utah Supreme Court. Last verified July 13, 2026. · Official source

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