Indiana Motion for Summary Judgment
Indiana sets no fixed number of days' notice before a hearing: the opposing party has 30 days after service of the motion to respond, a hearing is optional unless a party requests one no later than 10 days after the response was filed or was due, and Indiana rejects the federal Celotex standard that governs in many other states, under Trial Rule 56.
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Introduction
Indiana Trial Rule 56 does not set a fixed number of days' notice of a hearing the way some states do; instead, once a motion for summary judgment is served, the adverse party has thirty (30) days after service to serve a response and any opposing affidavits (Ind. R. Trial P. 56(C)). That 30-day period is not itself labeled calendar or court days by Rule 56, so the general time-computation rule governs: under Trial Rule 6(A), a period of 7 days or more, including this one, runs on ordinary calendar days, and only the final day shifts if it falls on a weekend, holiday, or a day the courthouse is closed. A hearing on the motion is optional by default; it becomes mandatory only if a party moves for one no later than 10 days after the response was filed or was due, and if requested, the hearing must then be held not less than 10 days after the response deadline, with those 10-day periods computed the same way under Trial Rule 6(A) (Ind. R. Trial P. 56(C)). Trial Rule 56 itself sets no statewide filing cutoff before trial: a defending party may move for summary judgment at any time, while a claimant, counterclaimant, or cross-claimant may move only after 20 days from the commencement of the action or after the adverse party serves its own summary judgment motion, whichever occurs (Ind. R. Trial P. 56(A), (B)); any deadline closer to trial comes only from the individual court's own case management order, not from a statewide rule. The Indiana Supreme Court's official rules site lists Rule 56's current text as effective January 1, 2008; Trial Rule 6, the time-computation rule, was substantially rewritten effective July 1, 2026, and Trial Rule 6(C) separately bars the court from extending Rule 56's own time limits except as Rule 56 itself allows. Summary judgment is rendered forthwith if the designated evidentiary matter shows there is no genuine issue as to any material fact and the moving party is entitled to a judgment as a matter of law (Ind. R. Trial P. 56(C)), but under Indiana case law, Indiana does not follow the federal Celotex approach used in many other states: a movant must affirmatively negate an element of the opposing party's claim, or show that element cannot be proved, rather than merely point to an absence of evidence. At the time of filing the motion or response, each party must designate to the court all parts of pleadings, depositions, interrogatory answers, admissions, matters of judicial notice, and any other matters it relies on; Indiana calls this a designation rather than a mandated two-column separate statement, though the opposing party must still designate each material fact it contends precludes summary judgment along with the supporting evidence (Ind. R. Trial P. 56(C)). Any affidavit used must be made on personal knowledge, set out facts that would be admissible in evidence, show the affiant's competence to testify, and attach sworn or certified copies of any papers it refers to (Ind. R. Trial P. 56(E)). Partial summary judgment is explicitly authorized, including judgment on liability or damages alone while the other remains disputed, and the court may grant summary judgment to a party who filed no motion at all on the issues an actual motion raised (Ind. R. Trial P. 56(B), (C)). Both the mover and the party who was served need to track these deadlines: a served party who fails to respond does not automatically lose, since Trial Rule 56(E) says summary judgment shall be entered against it only if appropriate, but a party who fails to specifically designate a disputed fact to the trial court also risks losing the right to raise that dispute later on appeal, under Trial Rule 56(H). Summary judgment practice is technical and is often lost on procedure, such as an incomplete designation, rather than on the merits, and attorney review is available before filing or responding. A motion to dismiss and a motion to set aside a default judgment are different procedures, covered on DocDraft's separate pages for those topics. This page covers Indiana state trial court practice only; summary judgment in federal court follows Federal Rule of Civil Procedure 56 and is outside its scope.
Key Things to Know
- 1
Indiana sets no fixed number of days' notice before a hearing. The party served with the motion has 30 days after service to respond, and a hearing is optional unless a party requests one no later than 10 days after the response was filed or was due, in which case the hearing must be held not less than 10 days after the time for filing the response; these periods run on ordinary calendar days under Trial Rule 6(A), with only the final day shifting for a weekend, holiday, or courthouse closure (Ind. R. Trial P. 56(C)).
- 2
If you were served with an Indiana summary judgment motion, your 30-day response clock starts on the date of service, not on any hearing notice, and your response must designate each material fact you contend precludes summary judgment along with the evidence supporting it (Ind. R. Trial P. 56(C)).
- 3
An unopposed Indiana summary judgment motion is not automatically granted. Trial Rule 56(E) provides that if the opposing party does not respond, summary judgment, if appropriate, shall be entered against it, so the court must still find the designated evidence shows no genuine issue of material fact.
- 4
Indiana does not follow the federal Celotex approach used in many other states. A movant must affirmatively negate an element of the opposing party's claim, or show that element cannot be proved, rather than merely point to an absence of evidence; this burden comes from Indiana case law, not the text of Trial Rule 56.
- 5
Trial Rule 56 sets no statewide deadline for filing a motion before trial. A defending party may move at any time, and a claimant, counterclaimant, or cross-claimant may move after 20 days from the commencement of the action or after the adverse party serves its own summary judgment motion; any closer cutoff comes from the individual court's own scheduling order (Ind. R. Trial P. 56(A), (B)).
- 6
Indiana calls the required evidentiary listing a designation, not a separate statement. At the time of filing the motion or response, each party must designate to the court all parts of pleadings, depositions, interrogatory answers, admissions, matters of judicial notice, and any other matters it relies on, rather than complete a state-mandated two-column form (Ind. R. Trial P. 56(C)).
- 7
Partial summary judgment is explicitly authorized, including judgment on liability or damages alone while the other remains disputed, and a party that fails to specifically designate a disputed fact to the trial court risks losing the right to raise that dispute on appeal (Ind. R. Trial P. 56(C), (H)). A motion to dismiss, a motion to set aside a default judgment, and a federal court motion under Federal Rule of Civil Procedure 56 are different procedures not covered on this page.
Key decisions before you file
Before you file a Motion for Summary Judgment in Indiana, a few decisions shape the document: which option to choose and what each one means. The Motion for Summary Judgment guide walks through them.
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Indiana Requirements for Motion for Summary Judgment
30-Day Response Deadline From Service
The adverse party has thirty (30) days after service of the motion to serve a response and any opposing affidavits, computed as ordinary calendar days under Trial Rule 6(A) with only the final day shifting for a weekend, holiday, or closure (Ind. R. Trial P. 56(C)).
Hearing Optional Unless Requested Within 10 Days After the Response
A hearing on the motion is optional by default and becomes mandatory only if a party moves for one no later than 10 days after the response was filed or was due, computed as ordinary calendar days under Trial Rule 6(A) (Ind. R. Trial P. 56(C)).
Mandatory Hearing Set Not Less Than 10 Days After the Response Deadline
If a hearing is requested, it must be held not less than 10 days after the time for filing the response, with that period computed as ordinary calendar days under Trial Rule 6(A) (Ind. R. Trial P. 56(C)).
No Statewide Filing Cutoff Before Trial
Trial Rule 56 sets no statewide deadline for filing a motion before trial; a defending party may move at any time, and any closer cutoff comes only from the individual court's own scheduling order (Ind. R. Trial P. 56(B)).
Earliest Filing for a Claimant: 20 Days After Commencement
A claimant, counterclaimant, or cross-claimant may move for summary judgment only after 20 days from the commencement of the action or after the adverse party serves its own summary judgment motion, whichever occurs (Ind. R. Trial P. 56(A)).
Indiana Rejects the Federal Celotex Standard
A movant must affirmatively negate an element of the opposing party's claim, or show that element cannot be proved, rather than merely point to an absence of evidence, a heavier burden than the federal Celotex approach used in many other states; this burden comes from Indiana case law, not the rule text.
Designation of Evidentiary Matter Required at Filing
At the time of filing the motion or response, each party must designate to the court all parts of pleadings, depositions, interrogatory answers, admissions, matters of judicial notice, and any other matters it relies on (Ind. R. Trial P. 56(C)).
Partial Summary Judgment Explicitly Authorized
A summary judgment may be rendered on less than all the issues or claims, including liability or damages alone while the other remains disputed, and such a partial judgment is usually interlocutory unless certified for appeal (Ind. R. Trial P. 56(C)).
Appellate Waiver for Undesignated Facts
No judgment on the motion may be reversed for a genuine issue of material fact unless that fact and its supporting evidence were specifically designated to the trial court, a waiver rule distinct to Indiana (Ind. R. Trial P. 56(H)).