A motion for summary judgment asks the court to decide a claim or defense without trial when the evidentiary record shows that there is no genuine dispute of material fact exists. Under Federal Rule of Civil Procedure 56, the court must grant summary judgment if the movant shows that it is entitled to judgment as a matter of law.
Summary judgment motions are due within thirty (30) days after the close of all discovery. Fed. R. Civ. P. 56(b).
In many federal cases, the court’s scheduling order sets a specific deadline for dispositive motions that replaces the default Rule 56 timing.
What is a motion for summary judgment?
Under Rule 56, summary judgment allows the court to resolve claims or defenses without trial when the evidentiary record shows that no genuine dispute of material fact exists. Summary judgment may resolve an entire case, a single claim, a defense, or a specific issue within a claim.
How summary judgment differs from a Rule 12(b)(6) motion
A Rule 12(b)(6) motion tests the legal sufficiency of the complaint and generally assumes that the well-pleaded factual allegations are true, whereas a Rule 56 motion relies on the evidentiary record developed during discovery to show that no genuine dispute of material fact exists. If matters outside the pleadings are presented and not excluded on a Rule 12(b)(6) motion, the court may treat the motion as one for summary judgment under Rule 56.
Who may move for summary judgment?
Any party may move for summary judgment. In cases involving multiple parties or multiple claims, a motion for summary judgment may address all claims or only specific claims or defenses.
When may a party move for summary judgment?
Under Rule 56(b), a party may move for summary judgment any time until 30 days after the close of all discovery unless the court orders otherwise. In many cases, the court’s scheduling order sets a specific deadline for dispositive motions that replaces the default Rule 56 timing.
For additional federal motion deadlines, including Rule 12 motions and motion hearing deadlines, see our federal motion deadline calculators.