Pennsylvania summary judgment: two grounds, thirty days to respond, and no resting on the pleadings

Pennsylvania procedure · Last verified August 17, 2026

Pennsylvania's summary-judgment rule is unusual in stating two separate grounds rather than one standard, and the difference between them controls when the motion may be made.

The two grounds — Pa.R.C.P. 1035.2

After the relevant pleadings are closed, but within such time as not to unreasonably delay trial, any party may move for summary judgment in whole or in part as a matter of law
(1) whenever there is no genuine issue of any material fact as to a necessary element of the cause of action or defense which could be established by additional discovery or expert report, or
(2) if, after the completion of discovery relevant to the motion, including the production of expert reports, an adverse party who will bear the burden of proof at trial has failed to produce evidence of facts essential to the cause of action or defense which in a jury trial would require the issues to be submitted to a jury.

The two grounds sit at different points in the case.

Ground (1) is the classic no-genuine-issue motion. Its qualifier — "which could be established by additional discovery or expert report" — means the record is already complete enough on that element.

Ground (2) is the evidentiary-insufficiency motion, and it is expressly gated on the completion of discovery relevant to the motion, including expert reports. A ground (2) motion filed before that is premature on the face of the rule.

Both are bounded at the front by the pleadings being closed and at the back by not unreasonably delaying trial. Pennsylvania sets no fixed number of days before trial the way California does.

Thirty days to respond, and you cannot rest on the pleadings

Pa.R.C.P. 1035.3(a): except as subdivision (e) provides, the adverse party

may not rest upon the mere allegations or denials of the pleadings but must file a response within thirty days after service of the motion identifying
(1) one or more issues of fact arising from evidence in the record controverting the evidence cited in support of the motion, or from a challenge to the credibility of one or more witnesses testifying in support of the motion, or
(2) evidence in the record establishing the facts essential to the cause of action or defense which the motion cites as not having been produced.

The response has to point at the record. Two routes are available, matching the two grounds — controvert the movant's evidence, or produce the evidence the motion says is missing.

The credibility route in (1) matters. Pennsylvania expressly allows a challenge to the credibility of a witness testifying in support of the motion to create a triable issue — an option not spelled out in the federal rule.

Supplementing the record — Rule 1035.3(b). An adverse party "may supplement the record or set forth the reasons why the party cannot present evidence essential to justify opposition to the motion and any action proposed to be taken by the party to present such evidence."

The court's options — Rule 1035.3(c). The court "may rule upon the motion for judgment or permit affidavits to be obtained, depositions to be taken or other discovery to be had."

That is Pennsylvania's analogue to FRCP 56(d) and CCP 437c(h) — but note the response and the request for more discovery travel in the same 30-day filing.

Failure to respond — Rule 1035.3(d). Summary judgment may be entered against a party who does not respond.

Compared with the systems we cover

	Pennsylvania	Federal	Ohio	California
When a motion may be made	after the relevant pleadings are closed; not so as to unreasonably delay trial	any time until 30 days after close of all discovery	after the responsive-pleading period; leave required once set for pretrial or trial	60 days after each opposing party's general appearance
Notice before hearing	not set by rule	not set by rule	per Civ.R. 6(C)	81 days
Response deadline	30 days after service of the motion	set by local rule	per Civ.R. 6(C)	20 days before the hearing
Separate statement of facts	not required	not required by rule	not required	required; omission may be fatal
Express "cannot rest on the pleadings"	yes — Rule 1035.3(a)	Rule 56(e) reaches the same result	yes — Civ.R. 56(E)	Rule 437c(b)(3) via the separate statement

Pennsylvania and Ohio both leave the hearing schedule to the general motion-timing rules, which is why the county's local rules matter as much as Rule 1035.

Post-trial relief is a different rule with a much shorter clock

Worth knowing alongside this: if the case goes to trial instead, Pa.R.C.P. 227.1(c) requires post-trial motions within ten days after the verdict, the discharge of the jury for inability to agree, or a nonsuit — or after notice of nonsuit or the filing of the decision in a non-jury trial.

And Rule 227.1(b) requires the grounds to have been preserved at trial. The post-trial motions guide covers both.

A short checklist

Confirm the pleadings are closed — Rule 1035.2's opening condition.
Pick the ground deliberately. Ground (2) requires the completion of discovery relevant to the motion, including expert reports.
Calendar 30 days from service for the response — this is the rule's own period, not a local one.
Respond with record citations, not denials. Rule 1035.3(a) forecloses resting on the pleadings.
If you need more discovery to oppose, say so in the response under Rule 1035.3(b) — there is no separate motion contemplated.
Check the county's local rules for the briefing and argument schedule Rule 1035 leaves open.

Where these rules live

Each judicial district publishes its own local rules governing motion practice. This page explains what the rules say. It isn't legal advice.

How this guide is sourced. Every procedural statement here is drawn from the text of the rules named above, each of which is reproduced verbatim on its own page on this site. Quoted rule language appears in quotation marks or block quotes; everything else is original writing. Last verified August 17, 2026.

This page explains what the rules say. It is legal information, not legal advice, and it cannot tell you how a rule applies to your situation. Deadlines are often short and some are not extendable — if the outcome matters, talk to a lawyer or your court’s self-help center.