How long does a party have to respond to a Washington motion for summary judgment?

Not later than 11 calendar days before the hearing date, the adverse party must file and serve opposing affidavits, memoranda of law, or other documentation setting out specific facts showing a genuine issue for trial (CR 56(c), (e)).

Does the Washington summary judgment response deadline run from service of the motion or from the hearing date?

From the hearing date, counted backward. CR 56(c) sets the response deadline at 11 calendar days before the hearing, not a fixed number of days after service. Anyone assuming a service-based clock, like some other states use, will miscalculate.

When must a Washington motion for summary judgment be filed?

Not later than 28 calendar days before the noticed hearing date, together with any supporting affidavits, memoranda of law, or other documentation (CR 56(c)).

What happens if a Washington summary judgment response or rebuttal deadline falls on a weekend or holiday?

If the date for filing the response or the rebuttal falls on a Saturday, Sunday, or legal holiday, it moves to the next day nearer the hearing that is not a Saturday, Sunday, or legal holiday (CR 56(c)).

Can a party get partial summary judgment in Washington?

Yes. CR 56(a) and (b) let a party move for summary judgment on all or any part of a claim, counterclaim, or cross claim, and CR 56(c) separately allows an interlocutory judgment on liability alone even while the amount of damages remains genuinely disputed. If the whole case is not resolved, CR 56(d) lets the court specify facts that exist without substantial controversy for trial.

What's the difference between a Washington motion for summary judgment and a motion to dismiss?

A motion for summary judgment under CR 56 asks the court to decide the case, or part of it, based on affidavits and other evidence showing no genuine issue of material fact. A motion to dismiss is a different motion, addressed on a separate page, that is not covered here.

Does this page cover a motion for summary judgment in federal court in Washington?

No. This page covers a civil motion for summary judgment in a Washington superior court under CR 56. A motion for summary judgment in federal court, including federal courts sitting in Washington, follows Federal Rule of Civil Procedure 56 rather than CR 56.

Washington Motion for Summary Judgment

Q: How close to trial can a Washington summary judgment hearing be held?

The hearing must be set for a date more than 14 calendar days before the date set for trial, unless the court grants leave to allow otherwise (CR 56(a), (c)).

Q: Does Washington require a separate statement of undisputed material facts for summary judgment?

No. Unlike some states, Washington has no statewide separate-statement requirement. The required facts and supporting evidence go inside the motion's own memorandum and affidavits (CR 56(c), (e)).

Q: If the other side does not respond to a Washington motion for summary judgment, is it automatically granted?

No. The court must still find that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law. But CR 56(e) states that if the adverse party does not respond with specific facts showing a genuine issue for trial, summary judgment, if appropriate, shall be entered against the adverse party, which is why a response matters even when the underlying case seems strong.

Washington counts every summary judgment deadline backward from the hearing date rather than forward from filing or service: the motion is due 28 calendar days before the hearing, the response 11 calendar days before, and any reply 5 calendar days before, all under CR 56(c).

Find out where you stand in Washington

Which side of the motion are you on?

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Introduction

In Washington, the entire summary judgment timetable counts backward from the hearing date rather than forward from filing or service. The motion, together with any supporting affidavits, memoranda of law, or other documentation, must be filed and served not later than 28 calendar days before the hearing (CR 56(c)). The adverse party, the person who received the motion, must then file and serve any opposing affidavits, memoranda of law, or other documentation not later than 11 calendar days before the hearing, and the moving party may file and serve rebuttal documents not later than 5 calendar days before the hearing (CR 56(c)). If the date for filing the response or the rebuttal falls on a Saturday, Sunday, or legal holiday, that deadline moves to the next day nearer the hearing that is not a Saturday, Sunday, or legal holiday (CR 56(c)). The hearing itself must be set for a date more than 14 calendar days before the date set for trial, unless the court grants leave to allow otherwise (CR 56(a), (c)). A party seeking to recover on a claim, counterclaim, or cross claim may move for summary judgment after the period for the defendant to appear has expired, or after the adverse party serves its own summary judgment motion; a defending party may move at any time without that waiting period (CR 56(a), (b)). Under Washington's standard, the court must render judgment if the pleadings, depositions, answers to interrogatories, and admissions on file, together with any affidavits, show there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law (CR 56(c)). Required papers include the motion, the supporting affidavits or other documentation filed with it, and a proposed order that designates the documents and other evidence the court considered in ruling on the motion (CR 56(c), (h)); affidavits 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 (CR 56(e)). Washington has no statewide requirement for a separate statement of undisputed material facts; the required facts and supporting evidence go inside the memorandum and affidavits themselves. CR 56(a) and (b) let a party move for summary judgment on all or any part of a claim, counterclaim, or cross claim, and CR 56(c) separately authorizes an interlocutory judgment on the issue of liability alone even though a genuine issue remains as to the amount of damages; if the whole case is not resolved on the motion, CR 56(d) lets the court specify the material facts that exist without substantial controversy, and those facts are then deemed established at trial. This page covers a civil motion for summary judgment in a Washington superior court. It does not cover a motion to dismiss, see DocDraft's motion to dismiss page, or undoing a default judgment, see DocDraft's motion to set aside a default page; a federal civil case follows Federal Rule of Civil Procedure 56 rather than CR 56 and is outside the scope of this page. Summary judgment is technical and is often lost on procedure rather than the merits. A motion is not automatically granted just because the other side does not respond, but CR 56(e) states that if the adverse party does not respond with specific facts showing a genuine issue for trial, summary judgment, if appropriate, shall be entered against the adverse party. Attorney review is available before you file or respond.

Key Things to Know

1
Every Washington summary judgment deadline counts backward from the hearing date: the motion is due 28 calendar days before the hearing, the response 11 calendar days before, and any reply 5 calendar days before (CR 56(c)).
2
If you were served with a Washington motion for summary judgment, your response, including affidavits, memoranda of law, or other documentation setting out specific facts showing a genuine issue for trial, is due not later than 11 calendar days before the hearing date, not a fixed number of days after service (CR 56(c), (e)).
3
A Washington motion for summary judgment is not automatically granted just because the other side does not respond; the court must still find no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law, but under CR 56(e), if the adverse party does not respond with specific facts showing a genuine issue for trial, summary judgment, if appropriate, shall be entered against the adverse party.
4
If the date for filing a response or a rebuttal falls on a Saturday, Sunday, or legal holiday, that deadline moves to the next day nearer the hearing that is not a Saturday, Sunday, or legal holiday (CR 56(c)).
5
The hearing on a Washington summary judgment motion must be set for a date more than 14 calendar days before the date set for trial, unless the court grants leave to allow otherwise (CR 56(a), (c)).
6
Washington has no statewide requirement for a separate statement of undisputed material facts; instead, the required facts and evidence go inside the motion's own memorandum and affidavits, and the movant must file a proposed order designating the documents and evidence the court considered (CR 56(c), (h)).
7
CR 56 allows partial summary judgment on all or any part of a claim, counterclaim, or cross claim, and an interlocutory judgment on liability alone even while the amount of damages remains disputed (CR 56(a), (c), (d)). This page covers a motion for summary judgment only, not a motion to dismiss, not a motion to set aside a default judgment, and not a federal court motion, which follows a different rule.

Key decisions before you file

Before you file a Motion for Summary Judgment in Washington, a few decisions shape the document: which option to choose and what each one means. The Motion for Summary Judgment guide walks through them.

Open the Motion for Summary Judgment guide

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NO. [CASE NUMBER]

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR [COUNTY] COUNTY

[PLAINTIFF NAME], Plaintiff, v. [DEFENDANT NAME], Defendant.

MOTION FOR SUMMARY JUDGMENT [IF APPLICABLE: OR PARTIAL SUMMARY JUDGMENT]

I. NOTICE OF MOTION

TO: [NAME OF ADVERSE PARTY OR COUNSEL OF RECORD]

PLEASE TAKE NOTICE that [NAME OF MOVING PARTY], [PLAINTIFF OR DEFENDANT] in this action, will bring this motion on for hearing before the above-entitled Court on [HEARING DATE], at [HEARING TIME], at [COURTHOUSE ADDRESS OR REMOTE PLATFORM]. This motion, with its supporting affidavits and other documentation, is filed and served not later than 28 calendar days before that hearing date, as required by CR 56(c). Any response is due not later than 11 calendar days before the hearing, and any rebuttal not later than 5 calendar days before the hearing, under CR 56(c).

II. GROUNDS AND RELIEF SOUGHT

Movant moves for [IF APPLICABLE: partial] summary judgment under CR 56(a) [IF APPLICABLE: or CR 56(b)] [IF APPLICABLE: as to DESCRIPTION OF THE CLAIM, COUNTERCLAIM, CROSS CLAIM, OR PART ON WHICH JUDGMENT IS SOUGHT], on the ground that there is no genuine issue as to any material fact and Movant is entitled to judgment as a matter of law under CR 56(c). [IF APPLICABLE: Movant further moves for an interlocutory judgment on the issue of liability alone under CR 56(c), even though a genuine issue remains as to the amount of damages.]

III. STATEMENT OF MATERIAL FACTS

The following facts are not subject to genuine dispute and are supported by the affidavits and other documentation filed with this motion:

[NUMBERED STATEMENT OF EACH MATERIAL FACT NOT SUBJECT TO GENUINE DISPUTE, EACH WITH A CITATION TO THE SUPPORTING AFFIDAVIT, DEPOSITION, ANSWER TO INTERROGATORY, OR ADMISSION]

IV. SUPPORTING AFFIDAVITS AND EVIDENCE

This motion is supported by the pleadings and discovery on file and by the following affidavits, made on personal knowledge, setting out facts that would be admissible in evidence, and showing that the affiant is competent to testify to the matters stated: [NAME OF EACH AFFIANT AND SUBJECT OF THE AFFIDAVIT], filed and served with this motion under CR 56(c) and (e).

V. MEMORANDUM

Movant is entitled to judgment as a matter of law on the undisputed facts above for the following reasons: [LEGAL ARGUMENT AND AUTHORITY].

VI. RELIEF REQUESTED

Movant respectfully requests that the Court grant this motion and enter [IF APPLICABLE: partial] summary judgment in Movant's favor [IF APPLICABLE: as to the claim, counterclaim, cross claim, or part described above], together with the proposed order filed herewith under CR 56(h) designating the documents and other evidence considered, and such other relief as the Court deems just.

DATED this [DATE].

[SIGNATURE] [NAME OF ATTORNEY OR PARTY] [ADDRESS] [CITY, WASHINGTON ZIP] [PHONE] [EMAIL] [WASHINGTON STATE BAR NUMBER, IF AN ATTORNEY]

CERTIFICATE OF SERVICE

I certify that on [DATE OF SERVICE], a true and correct copy of this Motion for Summary Judgment, the supporting affidavits, and the proposed order was served on [NAME OF EACH OTHER PARTY OR COUNSEL OF RECORD] by [METHOD OF SERVICE], consistent with the deadlines set out in CR 56(c).

[SIGNATURE] [NAME]

Washington Requirements for Motion for Summary Judgment

28-Calendar-Day Filing Deadline Before Hearing
The motion, with any supporting affidavits, memoranda of law, or other documentation, must be filed and served not later than 28 calendar days before the hearing (CR 56(c)).
11-Calendar-Day Response Deadline Before Hearing
The adverse party must file and serve any opposing affidavits, memoranda of law, or other documentation not later than 11 calendar days before the hearing (CR 56(c)).
5-Calendar-Day Rebuttal Deadline Before Hearing
The moving party may file and serve any rebuttal documents not later than 5 calendar days before the hearing (CR 56(c)).
Hearing Must Be Set More Than 14 Days Before Trial
Summary judgment motions must be heard more than 14 calendar days before the date set for trial, unless the court grants leave to allow otherwise (CR 56(a), (c)).
Weekend and Holiday Extension for Response and Rebuttal
If the date for filing the response or the rebuttal falls on a Saturday, Sunday, or legal holiday, it moves to the next day nearer the hearing that is not a Saturday, Sunday, or legal holiday (CR 56(c)).
No Statewide Separate Statement of Undisputed Facts
Washington's statewide rule has no separate-statement-of-facts requirement; the required facts and supporting evidence go inside the motion's own memorandum and affidavits (CR 56(c), (e)).
Proposed Order Must Designate Evidence Considered
The order granting or denying the motion must designate the documents and other evidence called to the attention of the trial court before the order was entered (CR 56(h)).
Affidavits Must Be Made on Personal Knowledge
Supporting and opposing affidavits must be made on personal knowledge, set out facts that would be admissible in evidence, and show affirmatively that the affiant is competent to testify to the matters stated (CR 56(e)).
Partial and Liability-Only Summary Judgment Authorized
CR 56(a) and (b) allow a motion on all or any part of a claim, counterclaim, or cross claim, and CR 56(c) allows an interlocutory judgment on liability alone despite a genuine issue as to the amount of damages; CR 56(d) governs the procedure when the whole case is not resolved on the motion.

Find out where you stand in Washington

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion for Summary Judgment Template with DocDraft

Washington Requirements for Motion for Summary Judgment

28-Calendar-Day Filing Deadline Before Hearing

11-Calendar-Day Response Deadline Before Hearing

5-Calendar-Day Rebuttal Deadline Before Hearing

Hearing Must Be Set More Than 14 Days Before Trial

Weekend and Holiday Extension for Response and Rebuttal

No Statewide Separate Statement of Undisputed Facts

Proposed Order Must Designate Evidence Considered

Affidavits Must Be Made on Personal Knowledge

Partial and Liability-Only Summary Judgment Authorized

Frequently Asked Questions