Maryland summary judgment: identify the dispute with particularity, and attach the proof
Maryland procedure · Last verified August 17, 2026
Maryland's summary judgment rule is unremarkable on the moving side and unusually demanding on the responding side. Rule 2-501(b) does not merely require the opponent to show a dispute; it requires the opponent to identify each disputed fact with particularity and attach the specific proof — by page and line where the proof is testimony.
An opposition that argues the point without doing that is, on the rule's own terms, incomplete.
Moving
Md. Rule 2-501(a):
Motion. — Any party may file a written motion for summary judgment on all or part of an action on the ground that there is no genuine dispute as to any material fact and that the party is entitled to judgment as a matter of law. The motion shall be supported by affidavit if it is (1) filed before the day on which the adverse party's initial pleading or motion is filed or (2) based on facts not contained in the record. A motion for summary judgment may not be filed: (A) after any evidence is received at trial on the merits or (B) unless permission of the court is granted, after the deadline for dispositive motions specified in the scheduling order entered pursuant to Rule 2-504(b)(1)(F).
Three things.
Any party, any time — within limits. There is no waiting period of the kind Massachusetts imposes on claimants.
Affidavits are required only in two situations: where you move before the other side has pleaded, or where you rely on facts outside the record. A motion resting on what is already in the record needs none.
And the outer deadline is the scheduling order's, not a figure in the rule. Rule 2-501(a)(B) points to Rule 2-504(b)(1)(F), which is where the dispositive-motion deadline is set case by case. There is no statewide number to memorise — you have to read the order.
Responding, and the particularity requirement
Rule 2-501(b):
Response. — A response to a motion for summary judgment shall be in writing and shall (1) identify with particularity each material fact as to which it is contended that there is a genuine dispute and (2) as to each such fact, identify and attach the relevant portion of the specific document, discovery response, transcript of testimony (by page and line), or other statement under oath that demonstrates the dispute. A response asserting the existence of a material fact or controverting any fact contained in the record shall be supported by an affidavit or other written statement under oath.
This is the heart of the rule, and it imposes three separate obligations:
| Requirement | What it means in practice |
|---|---|
| Identify with particularity | Fact by fact, not "the motion is riddled with disputes" |
| Identify and attach the specific proof | The document, the discovery response, the transcript — attached, not merely cited |
| By page and line for testimony | A deposition citation without page and line does not comply |
And the last sentence adds a fourth: an assertion or contradiction of a fact in the record must be supported by an affidavit or other written statement under oath.
Most states require an opponent to show a genuine issue. Maryland tells you exactly how to show it, and the form is part of the substance.
The affidavit requirements
Rule 2-501(c):
Form of affidavit. — An affidavit supporting or opposing a motion for summary judgment shall be made upon 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 in the affidavit.
The familiar three — personal knowledge, admissible facts, demonstrated competence.
When you need more time
Rule 2-501(d) provides the relief valve:
Affidavit of defense not available. — If the court is satisfied from the affidavit of a party opposing a motion for summary judgment that the facts essential to justify the opposition cannot be set forth for reasons stated in the affidavit, the court may deny the motion or may order a continuance to permit affidavits to be obtained or discovery to be conducted or may enter any other order that justice requires.
This is itself an affidavit requirement. Asking for time in a brief does not engage Rule 2-501(d) — you need a sworn statement explaining why the essential facts cannot be presented.
The response deadline
Rule 2-501 does not set one. The general motions rule does — Md. Rule 2-311(b):
Response. — Except as otherwise provided in this section, a party against whom a motion is directed shall file any response within 15 days after being served with the motion, or within the time allowed for a party's original pleading pursuant to Rule 2-321(a), whichever is later. … If a party fails to file a response required by this section, the court may proceed to rule on the motion.
Fifteen days, with the same "whichever is later" structure that runs through Maryland's discovery rules — a defendant served with a summary judgment motion early in the case gets the benefit of its pleading date.
Fifteen days is short for a motion of this kind. Combined with the particularity and attachment requirements of Rule 2-501(b), it is a demanding fortnight, and the practical answer is usually to ask for an extension early rather than to compress the work.
Narrowing rather than winning
Rule 2-502 offers something worth remembering when a motion will not dispose of the case: it provides for the separation of questions for decision by the court, so that a discrete issue of law or fact can be decided on its own where doing so may resolve or narrow the dispute. A motion that cannot win outright may still be worth making in that form.
How Maryland compares
| Maryland | Massachusetts | Georgia | New York | |
|---|---|---|---|---|
| Who may move, and when | any party, any time | claimant after 20 days; defendant any time | any party, any time | after issue is joined |
| Affidavit required to move | only if pre-pleading or outside the record | no | no | usually |
| Outer deadline | the scheduling order's | none in the rule | none | 120 days after the note of issue |
| Response deadline | 15 days, or the pleading date if later | before the day of hearing | — | — |
| Opposition must identify disputes with particularity | yes | no | no | no |
| Opposition must attach the proof | yes, by page and line for testimony | no | no | no |
| Continuance for more discovery | on affidavit, Rule 2-501(d) | Rule 56(f) | — | — |
A short checklist
- Read the scheduling order first. The outer deadline for a dispositive motion is there, not in Rule 2-501.
- Work out whether you need a supporting affidavit — you do if you are moving before the other side has pleaded, or relying on facts outside the record.
- Calendar 15 days for a response, or the date your original pleading is due if that is later.
- Build the opposition fact by fact. Identify each disputed material fact with particularity.
- Attach the proof for every one — the document, the discovery response, the transcript.
- Cite testimony by page and line. The rule says so expressly.
- Support any asserted or controverted fact with an affidavit or written statement under oath.
- If you need discovery first, file an affidavit under Rule 2-501(d). A request in the brief is not enough.
- Consider Rule 2-502 where a discrete question could resolve or narrow the case.
Where these rules live
- Md. Rule 2-311 — Motions
- Md. Rule 2-501 — Motion for summary judgment
- Md. Rule 2-502 — Separation of questions for decision by court
- Md. Rule 2-504 — Scheduling Order
- Md. Rule 2-402 — Scope of discovery
- Md. Rule 2-421 — Interrogatories to parties
This page explains what the rules say. It isn't legal advice, and Rule 2-321's pleading deadlines are summarized here rather than reproduced in full.