Utah summary judgment: restate each disputed fact verbatim, or it is admitted
Utah procedure · Last verified August 17, 2026
Utah's Rule 56 replaces the ordinary statement of facts with a structured exchange, and it enforces the structure with a single consequence:
Each material fact set forth in the motion or in the memorandum opposing the motion under paragraphs (a)(1) and (a)(2) that is not disputed is deemed admitted for the purposes of the motion.
The word that decides most Utah oppositions is in (a)(2): the memorandum must include a verbatim restatement of each fact you dispute. Paraphrasing the movant's fact and then arguing with it does not engage the rule.
What each side files
Utah R. Civ. P. 56(a)(1) — the movant:
Instead of a statement of the facts under Rule 7, a motion for summary judgment must contain a statement of material facts claimed not to be genuinely disputed. Each fact must be separately stated in numbered paragraphs and supported by citing to materials in the record under paragraph (c)(1) of this rule.
Rule 56(a)(2) — the opponent:
Instead of a statement of the facts under Rule 7, a memorandum opposing the motion must include a verbatim restatement of each of the moving party's facts that is disputed with an explanation of the grounds for the dispute supported by citing to materials in the record under paragraph (c)(1) of this rule. The memorandum may contain a separate statement of additional materials facts in dispute, which must be separately stated in numbered paragraphs and similarly supported.
| Movant | Opponent | |
|---|---|---|
| Replaces | the Rule 7 statement of facts | the Rule 7 statement of facts |
| Form | numbered paragraphs, each separately stated | verbatim restatement of each disputed fact |
| Support | citing materials in the record under (c)(1) | same, plus an explanation of the grounds for the dispute |
| Optional addition | — | a separate statement of additional material facts in dispute |
Three things the opponent must do for each fact it contests: restate it verbatim, explain the grounds of the dispute, and cite the record. Missing any of them risks the fact being treated as undisputed.
The background statement
Rule 56(a)(3) is a small provision worth using:
The motion and the memorandum opposing the motion may contain a concise statement of facts, whether disputed or undisputed, for the limited purpose of providing background and context for the case, dispute and motion.
Because the fact statements under (a)(1) and (a)(2) are strictly structured, this is where the narrative goes. Both sides may include it, it may contain disputed or undisputed facts, and it is expressly for background and context — so it does not carry the admission consequence that attaches to (a)(1) and (a)(2) facts.
Keeping the story in (a)(3) and the operative facts in the structured statement is the way these motions are meant to be built.
The deadline
Rule 56(b):
Time to file a motion. A party seeking to recover upon a claim, counterclaim or cross-claim or to obtain a declaratory judgment may move for summary judgment at any time after service of a motion for summary judgment by the adverse party or after 21 days from the commencement of the action. A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory judgment is sought may move for summary judgment at any time. Unless the court orders otherwise, a party may file a motion for summary judgment at any time no later than 28 days after the close of all discovery.
| Party | May move |
|---|---|
| Claimant | after 21 days from commencement, or once the other side moves |
| Defending party | at any time |
| Backstop for either | 28 days after the close of all discovery |
Note "all discovery" — where a scheduling order staggers deadlines, the last one starts the 28 days.
How a fact must be supported
Rule 56(c)(1):
Supporting factual positions. A party asserting that a fact cannot be genuinely disputed or is genuinely disputed must support the assertion by:
(A) citing 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; or (B) showing that the materials cited do not establish the absence or presence of a genuine dispute.
Route (B) matters for a respondent with a thin record: you can carry your position by showing the movant's own cited materials do not establish what they claim, rather than producing contrary evidence.
Stipulations made for purposes of the motion only are expressly usable — the same limited-concession idea that appears in several modern rules.
Rule 56(c)(2) allows an objection "that the material cited to support or dispute a fact cannot be presented in a form that would be admissible in evidence" — an objection to the form, not merely the exhibit.
Rule 56(c)(3): "The court need consider only the cited materials, but it may consider other materials in the record." Do not rely on a judge finding something you did not cite.
Rule 56(c)(4) requires an affidavit or declaration to be "made on personal knowledge", to "set out facts that would be admissible in evidence", and to "show that the affiant or declarant is competent to testify on the matters stated."
The standard
Rule 56(a):
Motion for summary judgment or partial summary judgment. A 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 moving party shows that there is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law. The court should state on the record the reasons for granting or denying the motion. The motion and memoranda must follow Rule 7 as supplemented below.
The motion must identify each claim or defense, or the part of one, on which judgment is sought. And the papers "must follow Rule 7 as supplemented" — so Rule 7's length and formatting requirements apply except where Rule 56 replaces them.
If you need discovery first
Rule 56(d):
When facts are unavailable to the nonmoving party. If a nonmoving party shows by affidavit or declaration that, for specified reasons, it cannot present facts essential to justify its opposition, the court may:
The relief is affidavit- or declaration-triggered and requires specified reasons. A statement in the memorandum that discovery is incomplete does not engage the rule.
Because Utah allows a defendant to move at any time, this is the right response to a motion filed before the record exists.
Where this connects
Utah front-loads disclosure and ties discovery to the damages claimed, which shapes what record exists when a motion arrives. See Utah initial disclosures and the Utah statement of discovery issues.
A Rule 12(b)(6) motion converts into this rule if outside material is presented and not excluded — see the Utah motion to dismiss.
And if judgment has already been entered against you, Utah's window is unusually short: see setting aside a Utah default judgment.
How Utah compares
| Utah | Arizona | Nevada | Federal | |
|---|---|---|---|---|
| Structured fact statement required | yes | yes, separate document | no | no |
| Opponent must restate facts verbatim | yes | dispute by paragraph number | no | no |
| Undisputed facts deemed admitted | yes, expressly | may be deemed undisputed | may be deemed undisputed | may be deemed undisputed |
| Background statement expressly allowed | yes | no | no | no |
| Claimant may move after | 21 days | when the answer is due | any time | any time |
| Backstop | 28 days after close of all discovery | dispositive-motion deadline or 90 days before trial | 30 days after close of discovery | 30 days after close of discovery |
A short checklist
- Restate each disputed fact verbatim. Paraphrasing is the most common way to lose a fact.
- Explain the grounds of each dispute and cite the record for it.
- Answer every fact. Anything not disputed is deemed admitted for the motion.
- Put the narrative in the (a)(3) background statement, not in the fact statement.
- Consider route (B) — showing the movant's cited materials do not establish what they claim.
- Add your own material facts in numbered, cited form if they matter.
- Object to form where the cited material could not be presented admissibly.
- Cite everything you rely on. The court need consider only the cited materials.
- If the record is not there yet, file an affidavit or declaration with specified reasons.
- Count 28 days from the close of all discovery if you are the one moving.
Where these rules live
- Utah R. Civ. P. 7 — Pleadings allowed; motions
- Utah R. Civ. P. 12 — Defenses and objections
- Utah R. Civ. P. 56 — Summary judgment
This page explains what the rules say. It isn't legal advice, and what makes a fact material or a dispute genuine is developed in case law this site doesn't cover.