{"id":4390,"date":"2017-08-10T03:00:56","date_gmt":"2017-08-10T03:00:56","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=4390"},"modified":"2017-08-13T21:42:33","modified_gmt":"2017-08-13T21:42:33","slug":"rule-56-summary-judgment","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=4390","title":{"rendered":"Rule 56 \u2013 Summary Judgment"},"content":{"rendered":"

(a)\u00a0Motion for Summary Judgment or Partial Summary Judgment<\/strong>.\u00a0A party may move for summary judgment, identifying each claim or defense \u2014 or the part of each claim or defense \u2014 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.<\/span><\/p>\n

(b)\u00a0Time to File a Motion<\/strong>.\u00a0Unless a different time is set by local rule or the court orders otherwise, a party may file a motion for summary judgment at any time until 30 days after the close of all discovery.<\/span><\/p>\n

(c)\u00a0Procedures<\/strong>.<\/span><\/p>\n

(1) Supporting Factual Positions<\/em>. A party asserting that a fact cannot be or is genuinely disputed must support the assertion by:<\/span><\/p>\n

(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<\/span><\/p>\n

(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.<\/span><\/p>\n

(2)\u00a0Objection That a Fact Is Not Supported by Admissible Evidence.<\/em>\u00a0A 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.<\/span><\/p>\n

(3)\u00a0Materials Not Cited.<\/em>\u00a0The court need consider only the cited materials, but it may consider other materials in the record.<\/span><\/p>\n

(4)\u00a0Affidavits or Declarations.<\/em>\u00a0An 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.<\/span><\/p>\n

(d)\u00a0When Facts Are Unavailable to the Nonmovant<\/strong>.\u00a0If a nonmovant shows by affidavit or declaration that, for specified reasons, it cannot present facts essential to justify its opposition, the court may:<\/span><\/p>\n

(1) defer considering the motion or deny it;<\/span><\/p>\n

(2) allow time to obtain affidavits or declarations or to take discovery; or<\/span><\/p>\n

(3) issue any other appropriate order.<\/span><\/p>\n

(e)\u00a0Failing to Properly Support or Address a Fact<\/strong>.\u00a0If a party fails to properly support an assertion of fact or fails to properly address another party\u2019s assertion of fact as required by\u00a0Rule 56(c), the court may:<\/span><\/p>\n

(1) give an opportunity to properly support or address the fact;<\/span><\/p>\n

(2) consider the fact undisputed for purposes of the motion;<\/span><\/p>\n

(3) grant summary judgment if the motion and supporting materials \u2014 including the facts considered undisputed \u2014 show that the movant is entitled to it; or<\/span><\/p>\n

(4) issue any other appropriate order.<\/span><\/p>\n

(f)\u00a0Judgment Independent of the Motion<\/strong>.\u00a0After giving notice and a reasonable time to respond, the court may:<\/span><\/p>\n

(1) grant summary judgment for a nonmovant;<\/span><\/p>\n

(2) grant the motion on grounds not raised by a party;or<\/span><\/p>\n

(3) consider summary judgment on its own after identifying for the parties material facts that may not be genuinely in dispute.<\/span><\/p>\n

(g)\u00a0Failing to Grant All the Requested Relief<\/strong>.\u00a0If the court does not grant all the relief requested by the motion, it may enter an order stating any material fact \u2014 including an item of damages or other relief \u2014 that is not genuinely in dispute and treating the fact as established in the case.<\/span><\/p>\n

(h)\u00a0Affidavit or Declaration Submitted in Bad Faith<\/strong>.\u00a0If satisfied that an affidavit or declaration under this rule is submitted in bad faith or solely for delay, the court \u2014 after notice and a reasonable time to respond \u2014 may order the submitting party to pay the other party the reasonable expenses, including attorney\u2019s fees, it incurred as a result. An offending party or attorney may also be held in contempt or subjected to other appropriate sanctions.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

(a)\u00a0Motion for Summary Judgment or Partial Summary Judgment.\u00a0A party may move for summary judgment, identifying each claim or defense \u2014 or the part of each claim or defense \u2014 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 … Continue reading Rule 56 \u2013 Summary Judgment<\/span> →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"parent":5022,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-4390","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/4390","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4390"}],"version-history":[{"count":2,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/4390\/revisions"}],"predecessor-version":[{"id":5029,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/4390\/revisions\/5029"}],"up":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/5022"}],"wp:attachment":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4390"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}