I was served with a motion for summary judgment. What should I do first?

Find the hearing date and your response deadline right away, and calendar them. Response deadlines are set by state rules and local court rules, are often counted in court days, and can be shorter than people expect. Read the moving party's statement of undisputed facts, gather the evidence that shows a genuine dispute about the facts that matter, and prepare a written opposition with supporting affidavits or declarations. If the deadline is close, consider asking a lawyer to review your response.

What happens if I do not respond to a motion for summary judgment?

In most courts the motion is not granted just because it is unopposed. The judge must still find that the moving party's evidence shows no genuine dispute of material fact and that it is entitled to judgment. In practice, though, a failure to respond often lets the court treat the moving party's facts as undisputed, which usually decides the motion against you. Filing a timely response with evidence is the only reliable way to protect your case.

What does no genuine dispute of material fact mean?

A material fact is one that could change the outcome under the law that governs the claim. A dispute is genuine when the evidence would let a reasonable factfinder decide that fact for either side. If the only disagreements are about facts that do not matter, or one side has no evidence for its version, the court can decide the issue as a matter of law without a trial.

When can I file a motion for summary judgment?

Each state sets its own window. Most allow the motion after the case has been pending for a period or after the other side has appeared, and most require it to be heard, or filed, a certain time before trial or before a deadline in the scheduling order. The notice you must give before the hearing is also set by rule and may be counted in court days. Check the state table and your court's scheduling order before choosing a hearing date.

What papers go with a motion for summary judgment?

Usually a notice of motion with the hearing date, the motion itself stating the grounds, a memorandum of law, a statement of undisputed material facts with citations to the evidence, the supporting affidavits or declarations and exhibits, a proposed order, and a certificate or proof of service. Some courts require a separate statement in a specific format, and some limit the length of the papers.

Can I rely on my complaint or answer to oppose the motion?

Generally no. Once the moving party supports its motion with evidence, the opposing party must respond with evidence of its own, such as affidavits or declarations based on personal knowledge, deposition testimony, or documents, that shows a genuine dispute for trial. Allegations or denials in a pleading are usually not enough.

Can I ask for summary judgment on only part of the case?

Yes. Partial summary judgment lets the court decide one claim, one defense, or a single issue such as liability while the rest of the case proceeds to trial. The procedure and name vary by state, and some states limit which issues can be decided separately, so frame the relief carefully in your notice and proposed order.

Is a motion for summary judgment the same as a motion to dismiss?

No. A motion to dismiss tests whether the complaint states a valid claim, usually based on the pleadings alone. A motion for summary judgment looks at the evidence gathered in the case and asks whether any real factual dispute remains for trial. If you are challenging the pleadings or trying to undo a default, a different motion applies.

Does this apply in federal court?

No. This page covers motions in state trial courts. Federal court cases are governed by the federal rules of civil procedure and each federal district's local rules, which have their own deadlines and requirements.

Do I need a lawyer to file or oppose summary judgment?

You are not required to have one, but summary judgment is one of the most technical stages of a civil case. Motions are often decided on procedural points such as timing, the form of the statement of facts, or whether an affidavit is properly sworn. Attorney review is available if you want a lawyer to check your motion or opposition before you file.

Motion for Summary Judgment

Ask a state trial court to decide a case, or part of it, without a trial when the evidence shows no genuine dispute about the facts that matter.

Find out where you stand — what state are you in?

DocDraft provides document preparation, not legal advice.

Introduction

A motion for summary judgment asks a state trial court to decide a case, or one or more claims or defenses in it, without a trial. The court can grant it only when the evidence shows there is no genuine dispute about any material fact and the moving party is entitled to judgment as a matter of law. The judge does not weigh credibility or pick between competing versions of events; if a reasonable factfinder could decide a key fact either way, the case goes to trial. Each state sets its own timing, including how far in advance the motion must be served before the hearing, when the other side must file its response, and how close to trial a motion can still be heard. Many states count some of these periods in court days rather than calendar days, and missing one can end the motion or the opposition before the merits are reached. Most courts expect supporting evidence, such as affidavits, declarations, deposition excerpts and documents, along with a statement of the undisputed material facts that cites that evidence. If you were served with a motion, your written response and evidence are due by a fixed deadline, and a motion is generally not granted just because no one opposed it, although failing to respond puts your case at serious risk. The state table below shows each state's rule, timing and required papers. Summary judgment is technical and is often won or lost on procedure, so attorney review is available if you want a lawyer to look over your motion or response. This page covers state court only; motions to dismiss, default judgments and federal court cases follow different rules.

Key Things to Know

1
Timing is set by each state and is strict. Every state has its own rules for how long before the hearing the motion must be served, when the opposition and any reply are due, and how close to trial a motion can be heard. Many of these periods are counted in court days, which skip weekends and court holidays, so check the state table and your local rules and count carefully.
2
The standard is no genuine dispute of material fact. The moving party must show, with admissible evidence, that the facts that could change the outcome are not genuinely in dispute and that the law entitles it to judgment. The court views the evidence in the light most favorable to the party opposing the motion and does not decide who is telling the truth.
3
Evidence and a statement of undisputed facts are usually required. Most courts expect the motion to be supported by affidavits or declarations made on personal knowledge, deposition excerpts, discovery responses and authenticated documents. Many require a separate statement listing each undisputed material fact with a citation to the evidence that supports it, and some reject a motion that does not follow the required format.
4
If you were served, respond on time with your own evidence. You generally cannot rely on the allegations in your pleadings. Your response should answer the moving party's statement of facts point by point, identify the facts you dispute, and attach the affidavits, declarations or documents that show a genuine dispute. If you need more discovery to oppose the motion, most courts let you ask for more time, but you usually must explain why in a sworn statement.
5
An unopposed motion is not granted automatically in most courts. The judge still has to find that the moving party's own papers show it is entitled to judgment. Even so, a missed response deadline can lead the court to treat the moving party's facts as undisputed, which often decides the motion, so never assume a response is optional.
6
Partial summary judgment is available. A motion can target a single claim, a single defense, or one issue such as liability, leaving the rest of the case for trial. Some states use a different name or procedure for this, and some limit which issues can be decided on their own, so check the state table before framing the relief you request.
7
This motion is technical and attorney review is available. Summary judgment is often lost on procedure, such as a missed deadline, an unsupported fact, or an improperly sworn affidavit, as well as on the merits. Motions to dismiss, which challenge the pleadings rather than the evidence, and requests to set aside a default follow different rules, and federal court cases are governed by federal rules not covered here.

Summary judgment timing by state

The notice period before the hearing and the time to file a response. What each period is counted from differs by state: open your state's page before you rely on it.

State	Rule	Notice before hearing	Response period	Response counted from
Alabama	Ala. R. Civ. P. 56	10 days	2 days	Before the hearing
Alaska	Alaska R. Civ. P. 56	See the state page	15 days	After service, or the defendant's answer date if later
Arizona	Ariz. R. Civ. P. 56	See the state page	30 days	After service of the motion
Arkansas	Ark. R. Civ. P. 56	See the state page	21 days	After service of the motion
California	Cal. Code Civ. Proc. § 437c	81 days	20 days	Before the hearing
Colorado	Colo. R. Civ. P. 56	See the state page	21 days	After the motion is filed
Connecticut	Conn. Practice Book 17-44 to 17-51	45 days	45 days	After the motion is filed
Delaware	Del. Super. Ct. Civ. R. 56	10 days	4 days	Before the hearing
Florida	Fla. R. Civ. P. 1.510	10 days	40 days	After service of the motion
Georgia	See the state page	30 days	30 days	After service of the motion
Hawaii	Haw. R. Civ. P. Rule 56	18 days	8 days	Before the hearing
Idaho	Idaho Rule of Civil Procedure 56	28 days	14 days	Before the hearing
Illinois	735 ILCS 5/2-1005	See the state page	See the state page
Indiana	Indiana Trial Rule 56	See the state page	30 days	After service of the motion
Iowa	Iowa R. Civ. P. 1.981	20 days	15 days	After service of the motion
Kansas	Kan. Stat. Ann. § 60-256	See the state page	21 days	After service, or when a responsive pleading is due if later
Kentucky	See the state page	See the state page	See the state page
Louisiana	La. Code Civ. Proc. art. 966	30 days	15 days	See the state page
Maine	Maine Rules of Civil Procedure, Rule 56	See the state page	21 days	After the motion is filed
Maryland	Md. Rule 2-501	See the state page	See the state page
Massachusetts	Mass. R. Civ. P. 56	10 days	21 days	After service of the motion
Michigan	Mich. Ct. R. 2.116	21 days	7 days	Before the hearing
Minnesota	Minn. R. Civ. P. 56	28 days	14 days	Before the hearing
Mississippi	Miss. R. Civ. P. 56	10 days	10 days	After service of the movant's memorandum
Missouri	Mo. Sup. Ct. R. 74.04	See the state page	30 days	After service of the motion
Montana	Mont. R. Civ. P. 56	14 days	21 days	After service, or when a responsive pleading is due if later
Nebraska	Neb. Rev. Stat. §§ 25-1330 to 25-1336	10 days	See the state page
Nevada	Nev. R. Civ. P. 56	21 days	14 days	After service of the motion
New Hampshire	RSA 491:8-a	See the state page	30 days	See the state page
New Jersey	See the state page	See the state page	See the state page
New Mexico	Rule 1-056 NMRA	See the state page	15 days	After service of the motion
New York	N.Y. C.P.L.R. 3212	8 days	2 days	Before the hearing
North Carolina	N.C. Gen. Stat. § 1A-1, Rule 56	10 days	2 court days	Before the hearing
North Dakota	N.D.R.Civ.P. 56	45 days	30 days	After service of the moving brief
Ohio	Ohio R. Civ. P. 56	See the state page	28 days	After service of the motion
Oklahoma	12 O.S. § 2056	See the state page	15 days	After service of the motion
Oregon	Or. R. Civ. P. 47	See the state page	20 days	See the state page
Pennsylvania	Pa. R. Civ. P. 1035.1 to 1035.5	See the state page	30 days	After service of the motion
Rhode Island	R.I. Super. Ct. R. Civ. P. 56	10 days	30 days	After the motion is filed
South Carolina	Rule 56, SCRCP	10 days	2 days	Before the hearing
South Dakota	SDCL 15-6-56	28 days	14 days	Before the hearing
Tennessee	Tenn. R. Civ. P. 56	30 days	5 days	Before the hearing
Texas	Tex. R. Civ. P. 166a	See the state page	21 days	After the motion is filed
Utah	Utah R. Civ. P. 56	See the state page	14 days	After the motion is filed
Vermont	Vermont Rule of Civil Procedure 56	See the state page	30 days	After service of the motion
Virginia	Va. Sup. Ct. R. 3:20	See the state page	See the state page
District of Columbia	D.C. Super. Ct. R. Civ. P. 56	See the state page	14 days	After service of the motion
Washington	Wash. Superior Court Civil Rule 56	28 days	11 days	Before the hearing
West Virginia	W. Va. R. Civ. P. 56	14 days	21 days	After service of the motion
Wisconsin	Wis. Stat. § 802.08	20 days	5 court days	Before the hearing
Wyoming	Wyo. R. Civ. P. 56	14 days	20 days	After service, or 3 days before the hearing if earlier

Key Decisions

Your Role and the Case

Timing

Your Evidence

Motion for Summary Judgment Requirements

Meet Your State's Notice and Response Deadlines
Each state sets its own notice period before the hearing and its own deadline for the opposing party's response, and some count court days rather than calendar days. Calendar every date from your state's rule.
Show There Is No Genuine Dispute of Material Fact
Summary judgment is granted only where no genuine dispute exists about a fact that matters to the outcome. A real factual conflict is for trial.
Support Every Fact With Admissible Evidence
Each fact you rely on should be supported by admissible evidence, such as sworn declarations or affidavits, deposition testimony, discovery responses or authenticated documents.
Include a Statement of Undisputed Facts Where Required
Many states require a separate, numbered statement of the facts you contend are undisputed, each with a citation to the supporting evidence. Check your state's rule for its required format.
Explain Why the Law Entitles You to Judgment
The motion must explain, with authority, why the undisputed facts entitle the moving party to judgment as a matter of law.
Serve the Motion and Supporting Papers on Every Party
Serve the motion, the supporting evidence and any required statement of facts on every other party in the manner your state's rules require, and keep proof of service.
If You Were Served, Respond Before the Deadline
If you were served with a motion, your written response and evidence are usually due a set number of days before the hearing. Missing that deadline can mean the court decides the motion without your side.
Do Not Assume an Unopposed Motion Is Granted
In most states the court must still find the moving party entitled to judgment even if no response is filed, but failing to respond leaves the motion's facts unchallenged.
Consider Partial Summary Judgment
If only some claims or issues can be decided without trial, many states allow a motion for partial summary judgment or summary adjudication of those issues alone.

Customize your Motion for Summary Judgment Template with DocDraft

MOTION FOR SUMMARY JUDGMENT

IN THE [NAME OF TRIAL COURT] [COUNTY OR DISTRICT], [STATE]

[PLAINTIFF NAME], Plaintiff,

[DEFENDANT NAME], Defendant.

Case No. [CASE NUMBER] [DEPARTMENT OR DIVISION, IF ANY]

[MOVING PARTY NAME]'S NOTICE OF MOTION AND MOTION FOR [SUMMARY JUDGMENT OR PARTIAL SUMMARY JUDGMENT]

NOTICE OF MOTION AND HEARING

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

PLEASE TAKE NOTICE that on [HEARING DATE], at [HEARING TIME], or as soon after as the matter may be heard, in [COURTROOM OR DEPARTMENT] of the above court, located at [COURT ADDRESS], [MOVING PARTY NAME] will move, and hereby moves, for [summary judgment in its favor on the entire action OR partial summary judgment on the following claims, defenses or issues: CLAIMS, DEFENSES OR ISSUES].

Any written response or opposition must be filed and served by [RESPONSE DEADLINE UNDER THE APPLICABLE RULE].

GROUNDS FOR THE MOTION

This motion is made under [APPLICABLE STATE SUMMARY JUDGMENT RULE OR STATUTE] on the ground that there is no genuine dispute as to any material fact and [MOVING PARTY NAME] is entitled to judgment as a matter of law because [BRIEF STATEMENT OF GROUNDS, FOR EXAMPLE THE ELEMENT OF THE CLAIM OR DEFENSE THAT THE EVIDENCE SHOWS CANNOT BE ESTABLISHED].

This motion is based on this notice and motion, the memorandum of law below, the statement of undisputed material facts, the [AFFIDAVIT OR DECLARATION] of [DECLARANT NAME] and the exhibits attached to it, the pleadings and records on file in this action, and any evidence and argument presented at the hearing.

STATEMENT OF UNDISPUTED MATERIAL FACTS

[UNDISPUTED MATERIAL FACT]. Supporting evidence: [EXHIBIT, PAGE AND LINE, OR PARAGRAPH OF AFFIDAVIT].
[UNDISPUTED MATERIAL FACT]. Supporting evidence: [EXHIBIT, PAGE AND LINE, OR PARAGRAPH OF AFFIDAVIT].
[UNDISPUTED MATERIAL FACT]. Supporting evidence: [EXHIBIT, PAGE AND LINE, OR PARAGRAPH OF AFFIDAVIT].

[IF APPLICABLE: The undisputed material facts are set out in the separate statement filed and served with this motion in the format the court requires.]

MEMORANDUM OF LAW

I. Introduction. [SHORT SUMMARY OF THE CASE AND WHY NO TRIAL IS NEEDED].

II. Legal Standard. Summary judgment is proper when the evidence 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. [CITATION TO THE APPLICABLE STATE RULE AND CONTROLLING CASE LAW].

III. Argument. A. [FIRST CLAIM, DEFENSE OR ELEMENT]: [WHY THE UNDISPUTED FACTS ENTITLE THE MOVING PARTY TO JUDGMENT, CITING THE NUMBERED FACTS ABOVE]. B. [SECOND CLAIM, DEFENSE OR ELEMENT]: [WHY THE UNDISPUTED FACTS ENTITLE THE MOVING PARTY TO JUDGMENT, CITING THE NUMBERED FACTS ABOVE].

IV. Conclusion. For these reasons, the motion should be granted.

RELIEF REQUESTED

[MOVING PARTY NAME] respectfully requests that the court:

Grant [summary judgment in favor of MOVING PARTY NAME on the entire action OR partial summary judgment on CLAIMS, DEFENSES OR ISSUES];
Enter judgment accordingly [OR set the remaining issues for trial];
Award costs as allowed by law; and
Grant any other relief the court finds just.

Dated: [DATE]

Respectfully submitted,

[SIGNATURE] [PRINTED NAME] [ATTORNEY BAR NUMBER, OR SELF-REPRESENTED] [MAILING ADDRESS] [TELEPHONE NUMBER] [EMAIL ADDRESS] Attorney for [OR Self-Represented] [MOVING PARTY NAME]

CERTIFICATE OF SERVICE

I certify that on [DATE OF SERVICE], I served a true copy of this notice of motion and motion for summary judgment, the statement of undisputed material facts, the supporting [AFFIDAVITS OR DECLARATIONS] and exhibits, and the proposed order on the following persons by [METHOD OF SERVICE]:

[NAME AND ADDRESS OR EMAIL OF EACH PERSON SERVED]

[SIGNATURE] [PRINTED NAME]

Find out where you stand — what state are you in?

Introduction

Key Things to Know

Summary judgment timing by state

Key Decisions

Your Role and the Case

Timing

Your Evidence

Motion for Summary Judgment Requirements

Meet Your State's Notice and Response Deadlines

Show There Is No Genuine Dispute of Material Fact

Support Every Fact With Admissible Evidence

Include a Statement of Undisputed Facts Where Required

Explain Why the Law Entitles You to Judgment

Serve the Motion and Supporting Papers on Every Party

If You Were Served, Respond Before the Deadline

Do Not Assume an Unopposed Motion Is Granted

Consider Partial Summary Judgment

Customize your Motion for Summary Judgment Template with DocDraft

Frequently Asked Questions