Civil procedure: summary judgment

The cards

1. FRCP 56Summary Judgment
2. FRCP 56(a): Motion for Summary Judgment or Partial Summary JudgmentA party may move for summary judgment, identifying each claim or defense—or the part of each claim or defense—on which summary judgment is sought. The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. The court should state on the record the reasons for granting or denying the motion.
3. FRCP 56(b): Time to File a MotionUnless a different time is set by local rule or the court orders otherwise, a party may file a motion for summary judgment at any time until 30 days after the close of all discovery.
4. FRCP 56(c)(1): A party asserting that a fact cannot be or is genuinely disputed must support the assertion by
   1. 1citing to particular parts of materials in the record, including depositions, documents, electronically stored information, affidavits or declarations, stipulations (including those made for purposes of the motion only), admissions, interrogatory answers, or other materials
   2. 2showing that the materials cited do not establish the absence or presence of a genuine dispute, or that an adverse party cannot produce admissible evidence to support the fact
5. FRCP 56(c)(2): Objection That a Fact Is Not Supported by Admissible EvidenceA party may object that the material cited to support or dispute a fact cannot be presented in a form that would be admissible in evidence.
6. FRCP 56(c)(3): Materials Not CitedThe court need consider only the cited materials, but it may consider other materials in the record.
7. FRCP 56(c)(4): Affidavits or DeclarationsAn affidavit or declaration used to support or oppose a motion must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant or declarant is competent to testify on the matters stated.
8. FRCP 56(d): If a nonmovant shows by affidavit or declaration that, for specified reasons, it cannot present facts essential to justify its opposition, the court may
   1. 1defer considering the motion or deny it
   2. 2allow time to obtain affidavits or declarations or to take discovery
   3. 3issue any other appropriate order
9. FRCP 56(e): If a party fails to properly support an assertion of fact or fails to properly address another party’s assertion of fact as required by Rule 56(c), the court may
   1. 1give an opportunity to properly support or address the fact
   2. 2consider the fact undisputed for purposes of the motion
   3. 3grant summary judgment if the motion and supporting materials—including the facts considered undisputed—show that the movant is entitled to it
   4. 4issue any other appropriate order
10. FRCP 56(f): After giving notice and a reasonable time to respond, the court may
    1. 1grant summary judgment for a nonmovant
    2. 2grant the motion on grounds not raised by a party
    3. 3consider summary judgment on its own after identifying for the parties material facts that may not be genuinely in dispute
11. FRCP 56(g): Failing to Grant All the Requested ReliefIf the court does not grant all the relief requested by the motion, it may enter an order stating any material fact—including an item of damages or other relief—that is not genuinely in dispute and treating the fact as established in the case.
12. FRCP 56(h): Affidavit or Declaration Submitted in Bad FaithIf satisfied that an affidavit or declaration under this rule is submitted in bad faith or solely for delay, the court—after notice and a reasonable time to respond—may order the submitting party to pay the other party the reasonable expenses, including attorney’s fees, it incurred as a result. An offending party or attorney may also be held in contempt or subjected to other appropriate sanctions.

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