(a) For Claimant. A party seeking to recover upon a claim, counterclaim or cross-claim or to obtain a declaratory judgment may, at any time after the expiration of 20 days from the commencement of the action or after service of a motion for summary judgment by the adverse party, move for a summary judgment in the party’s favor upon all or any part thereof.
Rule 56.Summary Judgment.
Last amended April 15, 2002 · Last verified July 6, 2026
In one sentenceRule 56 lets a party ask the court to decide a claim without a trial when the evidence shows no genuine factual dispute and the law entitles that party to win, and it penalizes anyone who files summary-judgment affidavits in bad faith.
Full Text of Rule 56
(b) For Defending Party. A party against whom a claim, counterclaim or cross-claim is asserted or a declaratory judgment is sought may, at any time, move for a summary judgment in the party’s favor as to all or any part thereof.
(c) Motion and Proceedings Thereon. The motion shall be made pursuant to Rule 77, and may be supported by affidavits setting forth concise statements of material facts made upon personal knowledge. There must also be served and filed with each motion a memorandum showing that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. The adverse party in accordance with Rule 77 may serve opposing affidavits, a concise “statement of genuine issues” setting forth all material facts as to which it is contended there exists a genuine issue necessary to be litigated, and any other memorandum in opposition to the motion. Judgment shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, show that there is no genuine issue as to any material fact and that any party is entitled to a judgment as a matter of law. A summary judgment, interlocutory in character, may be rendered on the issue of liability alone although there is a genuine issue as to the amount of damages. Summary judgment, when appropriate, may be rendered against the moving party. A decision granting a motion for summary judgment is not a final judgment under Civil Rule 58. When the decision adjudicates all unresolved claims as to all parties, the judge shall direct the appropriate party to file a proposed final judgment. The proposed judgment must be filed within 20 days of service of the decision, on a separate document distinct from any opinion, memorandum or order that the court may issue.
(d) Case Not Fully Adjudicated on Motion. If on motion under this rule judgment is not rendered upon the whole case or for all the relief asked and a trial is necessary, the court at the hearing of the motion, by examining the pleadings and the evidence before it and by interrogating counsel, shall if practicable ascertain what material facts exist without substantial controversy and what material facts are actually and in good faith controverted. It shall thereupon make an order specifying the facts that appear without substantial controversy, including the extent to which the amount of damages or other relief is not in controversy, and directing such further proceedings in the action as are just. Upon the trial of the action the facts so specified shall be deemed established, and the trial shall be conducted accordingly.
(e) Form of Affidavits—Further Testimony—Defense Required. Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein. Sworn or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith. The court may permit affidavits to be supplemented or opposed by depositions or by further affidavits. When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of the adverse party’s pleading, but the adverse party’s response, by affidavits or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial. If the adverse party does not so respond, summary judgment, if appropriate, shall be entered against the adverse party.
(f) When Affidavits Are Unavailable. Should it appear from the affidavits of a party opposing the motion that the party cannot for reasons stated present by affidavit facts essential to justify the party’s opposition, the court may refuse the application for judgment or may order a continuance to permit affidavits to be obtained or depositions to be taken or discovery to be had or may make such other order as is just.
(g) Affidavits Made in Bad Faith. Should it appear to the satisfaction of the court at any time that any of the affidavits presented pursuant to this rule are presented in bad faith or solely for the purpose of delay, the court shall forthwith order the party employing them to pay to the other party the amount of the reasonable expenses which the filing of the affidavits caused the other party to incur, including reasonable attorney’s fees, and any offending party or attorney may be adjudged guilty of contempt.
Amendment History
(Adopted by SCO 5 October 9, 1959; amended by SCO 258 effective November 15, 1976; by SCO 1153 effective July 15, 1994; and by SCO 1430 effective April 15, 2002)
Plain-English Summary
A party pursuing a claim, counterclaim, cross-claim, or declaratory judgment can move for summary judgment 20 days after the case begins, or as soon as the other side moves for summary judgment itself; a party defending against one of those claims can move at any time. The motion needs a memo showing there's no genuine dispute over any material fact and that the mover is entitled to judgment as a matter of law, and it can be backed by affidavits based on personal knowledge; the other side can respond with its own affidavits and a statement identifying the facts it says are disputed. The court grants the motion if the full record — pleadings, discovery, admissions, and affidavits together — shows no real factual dispute and the law favors the moving party, and it can even grant judgment on liability alone while leaving the amount of damages for trial, or grant judgment against the party who filed the motion. Granting summary judgment isn't itself a final, appealable judgment; once a ruling resolves every remaining claim against every party, the court has someone file a proposed final judgment as its own separate document.
If summary judgment doesn't dispose of the whole case, the court can pin down which material facts are undisputed and treat those as established for the trial that follows, narrowing what the parties still have to prove. Supporting and opposing affidavits must rest on personal knowledge, set out facts that would be admissible at trial, and show the affiant is competent to testify to them, with copies of any documents they rely on attached; once a properly supported motion is filed, the opposing party can't just rest on the allegations in its pleading — it has to point to specific facts showing there's a real issue for trial, or risk having judgment entered against it. If a party can't get the facts it needs by affidavit yet, the court can deny the motion, order a continuance for more discovery, or fashion some other fair order; but if affidavits are filed in bad faith or purely to stall the case, the court will make the offending side pay the other party's reasonable expenses, including attorney's fees, and can hold the offending party or its lawyer in contempt.
Frequently Asked Questions
When can I move for summary judgment in an Alaska civil case?
If you're pursuing a claim, generally 20 days after the case begins or once the other side moves for summary judgment itself; if you're defending against a claim, at any time.
What do I have to show to win summary judgment?
That the full record shows no genuine dispute over any material fact and that you're entitled to judgment as a matter of law; the other side then has to point to specific facts creating a real trial issue, not just rest on its pleadings.
What happens if someone files summary-judgment affidavits in bad faith?
The court makes that party pay the other side's reasonable expenses, including attorney's fees, and the offending party or attorney can be held in contempt.
Source & verification. The rule text, Amendment History, and Notes are reproduced verbatim from the
official Alaska Rules of Civil Procedure (Alaska R. Civ. P. 56). Prescribed by the Supreme Court of Alaska (Alaska Const. art. IV, § 15). The plain-English summary is original and written by us. Last verified July 6, 2026. ·
Official source
Also known as: MSJmotion for summary judgmentsummary judgment Alaska civil rulegenuine issue of material fact Alaskaopposing summary judgment Alaskabad faith affidavit Alaska ruleAlaska R. Civ. P. 56