Rule 56.Summary judgment

Group VII: Judgment · Last amended March 1, 2017 · Last verified July 14, 2026

In one sentenceRule 56 lets a party move for summary judgment on all or part of a claim or defense, and requires the court to grant it when the record shows no genuine dispute of material fact and the moving party is entitled to win as a matter of law.

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 movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. The court should state on the record the reasons for granting or denying the motion.

(b) Time to File a Motion. — Unless a different time is set by court order otherwise, a party may file a motion for summary judgment at any time.

(1) Supporting Factual Positions. — A party asserting that a fact cannot be 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, or that an adverse party cannot produce admissible evidence to support the fact.

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

(d) When Facts are Unavailable to the Nonmovant. — If a nonmovant 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;

(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 Rule 56(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 movant 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 nonmovant;

(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. An offending party or attorney may also be held in contempt or subjected to other appropriate sanctions.

End

Amendment History

Added February 2, 2017, effective March 1, 2017.

Plain-English Summary

Summary judgment is the mechanism for ending a case, or part of one, without a trial when there is nothing left for a jury or judge to decide. Under Rule 56(a), any party can move for judgment on an entire claim or defense, or just a slice of one, and the court must grant the motion if the record shows no genuine factual dispute and the law favors the movant. Absent a court order setting a different schedule, a party can file this motion at any time.

The procedural mechanics matter as much as the standard. A party asserting that a fact is or is not disputed must point to specific record materials — depositions, documents, affidavits, admissions, and the like — or show that the other side’s cited materials fail to establish what they claim, or that the other side has no admissible evidence to back up the point. Either side can object that cited material could never be presented in admissible form. The court is not obligated to hunt through the whole record on its own; it need only consider what the parties cite, though it may look further if it chooses. Any affidavit or declaration offered to support or oppose the motion must rest on personal knowledge, state facts that would be admissible at trial, and show the person is competent to testify to them.

Rule 56 also anticipates the harder edge cases. If the party opposing summary judgment shows it cannot yet marshal the facts needed to respond — because discovery is incomplete, for instance — the court can defer ruling, deny the motion outright, or allow more time to gather evidence. If a party fails to properly support or contest a factual assertion, the court can give it another chance, treat the fact as undisputed, grant judgment on that basis, or fashion some other order. The court can even grant summary judgment to the side that did not ask for it, or on grounds nobody raised, or on its own initiative, as long as it gives notice and a fair chance to respond first. Where the court denies full relief on a motion, it can still lock in whichever material facts are not disputed for use later in the case. And a party who submits an affidavit or declaration in bad faith, or purely to stall, risks having to pay the other side’s resulting expenses and attorney’s fees, on top of possible contempt or other sanctions.

Frequently Asked Questions

What do I have to prove to win summary judgment on the ground that there is no genuine issue of material fact?

You need to show two things: the record contains no genuine dispute over any fact that matters to the outcome, and the law, applied to those undisputed facts, entitles you to win. If either piece is missing, the case has to go forward toward trial.

When can I file a motion for summary judgment (an MSJ)?

Unless the court has set a different schedule, you can file a summary judgment motion at any time during the case, on the whole claim or defense or just part of it.

What if I don't have enough evidence yet to oppose a summary judgment motion?

You can submit an affidavit or declaration explaining, with specifics, why you cannot yet present the facts you need. The court can then defer ruling, deny the motion, give you time to gather affidavits or take discovery, or issue some other appropriate order.

What happens if I don't properly respond to the other side's factual assertions?

The court can give you another chance to address the fact, treat it as undisputed for purposes of the motion, or, if the undisputed record supports it, grant summary judgment against you outright.

Can the court grant summary judgment without either side asking for it?

Yes. After giving the parties notice and a reasonable chance to respond, the court can grant judgment for the nonmoving party, grant a motion on grounds nobody raised, or raise the possibility of summary judgment on its own by identifying facts that appear undisputed.

Source & verification. Rule text and amendment history are reproduced verbatim from the Wyoming Rules of Civil Procedure, adopted by the Supreme Court of Wyoming. Last verified July 14, 2026. · Official source

Also known as: summary judgmentMSJmotion for summary judgmentno genuine issue of material factpartial summary judgmentsummary judgment standard