(a) For Claimant. A party seeking to recover upon a claim, counterclaim, or cross-claim or to obtain a declaratory judgment may, after the expiration of 21 days from the commencement of the action or after filing of a motion for summary judgment by the adverse party, move with or without supporting affidavits for a summary judgment in the claiming party's favor upon all or any part thereof.
Rule 56.Summary Judgment and Rulings on Questions of Law
Current through June 1, 2026 · Last verified July 10, 2026
In one sentenceRule 56 lets a party win an entire case, or a discrete part of it, without a trial by showing the court there is no genuine dispute over the material facts and that the law favors that party, subject to filing deadlines pegged to the trial date.
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, move with or without supporting affidavits for a summary judgment in the defending party's favor as to all or any part thereof.
(c) Motion and Proceedings Thereon. Unless otherwise ordered by the court, any motion for summary judgment shall be filed no later than 91 days (13 weeks) prior to trial. A cross-motion for summary judgment shall be filed no later than 70 days (10 weeks) prior to trial. The motion may be determined without oral argument. The opposing party may file and serve opposing affidavits within the time allowed for the responsive brief, unless the court orders some lesser or greater time. The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving 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.
(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 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, answers to interrogatories, 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 opposing party's pleadings, but the opposing party's response by affidavits or otherwise provided in this Rule, must set forth specific facts showing that there is a genuine issue for trial. If there is no response, summary judgment, if appropriate, shall be entered.
(f) When Affidavits are Unavailable. Should it appear from the affidavits of a party opposing the motion that the opposing party cannot for reasons stated present by affidavit facts essential to justify its 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.
(h) Determination of a Question of Law. No later than 91 days (13 weeks) before the trial, with or without supporting affidavits, a party may move for determination of a question of law. If there is no genuine issue of any material fact necessary for the determination of the question of law, the court may enter an order deciding the question.
Amendment History
Amended effective July 1, 1983; September 1, 1984; October 1, 1992; June 28, 2007; January 1, 2012. Amended June 12, 2025, effective January 1, 2026.
Plain-English Summary
Summary judgment lets a court decide a claim, counterclaim, or defense on paper when the facts that matter are not in dispute, so the case turns on a question of law. A party seeking summary judgment must show that no genuine issue of material fact exists and that the law entitles it to win; if a real factual dispute exists, the case must go to trial instead. The rule also lets a party ask the court to resolve a discrete legal question even when the case is not otherwise ready for full summary judgment.
Colorado ties these motions to the trial date rather than to a generic waiting period. A party seeking to recover on a claim may not move until 21 days after the case begins, or after the opponent has already filed its own summary judgment motion. Unless the court orders otherwise, any summary judgment motion — and any motion asking the court to decide a pure question of law — must be filed no later than 91 days (13 weeks) before trial, while a cross-motion must be filed no later than 70 days (10 weeks) before trial. Affidavits supporting or opposing the motion must rest on personal knowledge and admissible facts; a party who fails to respond with specific countervailing facts risks having summary judgment entered against it. If evidence is not yet available, the rule lets a party ask for a continuance instead of forcing an immediate response.
The court may grant judgment on liability alone while leaving damages for trial, or specify which facts are undisputed to narrow what the jury must decide. Affidavits filed in bad faith or purely to cause delay can lead to an order to pay the other side's expenses, including attorney's fees, and possible contempt.
Frequently Asked Questions
What must a party show to win summary judgment?
The moving party must show there is no genuine issue as to any material fact and that it is entitled to judgment as a matter of law. If a real factual dispute exists, the court must deny the motion and let the case proceed to trial.
When is a summary judgment motion due?
Unless the court orders otherwise, a summary judgment motion must be filed no later than 91 days (13 weeks) before trial, and a cross-motion must be filed no later than 70 days (10 weeks) before trial.
What happens if I don't respond to a motion for summary judgment?
You cannot rest on the allegations in your pleadings alone. You must respond with specific facts, usually through affidavits or other evidence, showing a genuine issue for trial. If you file no response, the court may enter summary judgment against you where appropriate.
Can the court grant summary judgment on part of the case?
Yes. The court can enter summary judgment on liability alone even if damages remain disputed, and it can identify which facts are undisputed so the eventual trial focuses only on the facts still in genuine controversy.
Source & verification. The rule text is reproduced verbatim from the
official Colorado Rules of Civil Procedure (Colo. R. Civ. P. 56). Prescribed by the Supreme Court of Colorado (C.R.S. § 13-2-108; Colo. Const. art. VI). The plain-English summary is original and written by us. Last verified July 10, 2026. ·
Official source
Also known as: MSJsummary judgment motionno genuine issue of material factmotion for summary judgment deadlinepartial summary judgmentcross motion for summary judgmentquestion of law motion