Maryland Motion for Summary Judgment
Maryland sets no statewide notice period for a hearing and no statewide filing cutoff, which is the dispositive-motions deadline in the case scheduling order under Rule 2-504(b)(1)(F); the response is due within 15 days after service under Rule 2-311(b), and a hearing is held only if a party requests one under Rule 2-311(f).
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Introduction
In Maryland circuit court, there is no statewide notice period for a summary judgment hearing and no statewide deadline for when the motion itself must be filed. Instead, Maryland Rule 2-501(a) bars filing a motion for summary judgment after any evidence is received at trial on the merits, or, absent the court's permission, after the dispositive-motions deadline set in that case's own scheduling order under Rule 2-504(b)(1)(F). Once the motion is served, the party against whom it is directed, the respondent, must file any response within 15 days after being served with the motion, or within the time allowed for that party's original pleading under Rule 2-321(a), whichever is later (Md. Rule 2-311(b)). Maryland does not hold a hearing automatically: under Rule 2-311(f), the court may decide the motion on the papers unless a party requests a hearing under the heading 'Request for Hearing' in the motion or response, in which case the court may not render a decision that disposes of a claim or defense without holding one. The governing standard, set out in Rule 2-501(a) and (e), is whether there is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law. That language was last touched by a Rules Order effective January 1, 2024, which updated only an internal cross-reference in subsection (a). A motion filed before the adverse party's initial pleading or motion, or based on facts outside the record, must be supported by affidavit (Md. Rule 2-501(a)). Maryland does not require a separate statement of undisputed material facts. Instead, the response itself must identify with particularity each material fact the respondent contends is genuinely disputed, and identify and attach the relevant portion of the specific document, discovery response, transcript by page and line, or other sworn statement demonstrating the dispute, supported by an affidavit or other statement under oath if the response asserts or controverts a fact (Md. Rule 2-501(b)). Any affidavit must be made on personal knowledge, set out admissible facts, and show the affiant is competent to testify (Md. Rule 2-501(c)). A party may move to strike an affidavit or statement that contradicts the affiant's own deposition testimony or other prior sworn statement; if the court finds it contradictory, the court must strike it unless doing so would work a manifest injustice (Md. Rule 2-501(b)). No page limit on summary judgment papers is set at the statewide level. Maryland has no Texas-style no-evidence motion and no California-style summary adjudication procedure; instead, a motion may be made on all or part of an action (Md. Rule 2-501(a)), and when a ruling does not dispose of the entire action, the court may enter an order under Rule 2-501(f) specifying the issues or facts that are not in genuine dispute, which then controls the subsequent trial unless modified to prevent manifest injustice. Summary judgment is technical, and motions are often lost on procedure rather than the merits. Under Md. Rule 2-501(e), the court enters summary judgment only if the motion and response show there is no genuine dispute as to any material fact and that the party is entitled to judgment as a matter of law. Attorney review is available before filing or responding. A motion to dismiss and a motion to set aside a default are different procedures, covered on DocDraft's separate pages for those topics. This page covers Maryland circuit 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
Maryland sets no statewide notice period for a summary judgment hearing and no statewide filing deadline; the filing cutoff is the dispositive-motions deadline in the case scheduling order under Rule 2-504(b)(1)(F). Once served, the respondent must file any response within 15 days after being served with the motion, or within the time allowed for its original pleading under Rule 2-321(a), whichever is later (Md. Rule 2-311(b)).
- 2
If you were served with a Maryland summary judgment motion, your response is due within 15 days after service, or within the time allowed for your original pleading under Rule 2-321(a), whichever is later (Md. Rule 2-311(b)), not counted backward from a hearing date. Your response must identify with particularity each material fact you contend is genuinely disputed and attach the specific document, discovery response, transcript by page and line, or sworn statement supporting that dispute (Md. Rule 2-501(b)).
- 3
In Maryland, the court enters summary judgment only if the motion and response show there is no genuine dispute as to any material fact and that the party is entitled to judgment as a matter of law (Md. Rule 2-501(e)). Filing a timely response is how you put a genuine dispute before the court.
- 4
Maryland holds no automatic hearing. Under Rule 2-311(f), the court may decide the motion on the papers unless a party requests a hearing under the heading 'Request for Hearing' in the motion or response; if requested, the court may not render a decision that disposes of a claim or defense without holding one.
- 5
The standard, no genuine dispute as to any material fact and entitlement to judgment as a matter of law, is set out in Rule 2-501(a) and (e). A Rules Order effective January 1, 2024 updated only an internal cross-reference in subsection (a).
- 6
Maryland has no separate statement of undisputed material facts like California or New York. Instead, the response must attach the specific record excerpts supporting the dispute, and, on a party's motion to strike, the court must strike an affidavit it finds contradicts the affiant's own prior sworn testimony unless doing so would work a manifest injustice (Md. Rule 2-501(b)).
- 7
Maryland has no Texas-style no-evidence motion and no California-style summary adjudication; a motion may reach all or part of an action, and the court may specify facts not in genuine dispute under Rule 2-501(f). A motion to dismiss, a motion to set aside a default, and federal court practice are different procedures not covered on this page.
Key decisions before you file
Before you file a Motion for Summary Judgment in Maryland, 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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Maryland Requirements for Motion for Summary Judgment
15-Day Response Deadline After Service
The party against whom a motion for summary judgment is directed must file any response within 15 days after being served with the motion, or within the time allowed for that party's original pleading under Rule 2-321(a), whichever is later (Md. Rule 2-311(b)).
No Statewide Filing Cutoff, Set by Scheduling Order
A motion for summary judgment may not be filed after any evidence is received at trial on the merits, or, absent the court's permission, after the dispositive-motions deadline set in the case's individual scheduling order under Rule 2-504(b)(1)(F) (Md. Rule 2-501(a)).
Hearing Held Only on Request
The court may decide a motion for summary judgment on the papers unless a party requests a hearing under the heading 'Request for Hearing' in the motion or response; if a hearing is requested, the court may not render a decision that disposes of a claim or defense without holding one (Md. Rule 2-311(f)).
Affidavit Required for Early or Outside-the-Record Motions
A motion filed before the adverse party's initial pleading or motion, or based on facts outside the record, must be supported by affidavit (Md. Rule 2-501(a)).
No Separate Statement of Undisputed Facts
Maryland does not require a freestanding separate statement of undisputed material facts; instead, the response must identify with particularity each disputed fact and attach the specific record excerpts demonstrating the dispute (Md. Rule 2-501(b)).
Mandatory Strike of a Contradictory Affidavit
On a party's motion to strike, if the court finds that an affidavit or statement contradicts the affiant's own deposition testimony or other prior sworn statement, the court must strike it unless the court determines that striking it would work a manifest injustice (Md. Rule 2-501(b)).
Affidavit Competency Requirements
An affidavit supporting or opposing summary judgment must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant is competent to testify to the matters stated (Md. Rule 2-501(c)).
Partial Summary Judgment and Order Specifying Undisputed Issues
A motion may be made on all or part of an action (Md. Rule 2-501(a)); when a ruling does not dispose of the entire action, the court may enter an order under Rule 2-501(f) specifying the issues or facts that are not in genuine dispute, controlling the subsequent trial absent manifest injustice.