Washington summary judgment: 28 / 11 / 5 days, all counted backward from the hearing
Washington procedure · Last verified August 17, 2026
Most states leave the summary-judgment briefing schedule to local rules. Washington writes it into CR 56(c), and every date counts backward from the hearing.
The schedule
CR 56(c):
The motion and any supporting affidavits, memoranda of law, or other documentation shall be filed and served not later than 28 calendar days before the hearing. The adverse party may file and serve opposing affidavits, memoranda of law or other documentation not later than 11 calendar days before the hearing. The moving party may file and serve any rebuttal documents not later than 5 calendar days prior to the hearing.
Three numbers, all calendar days, and the rule says so expressly rather than leaving it to CR 6(a).
Then a weekend rule specific to this schedule:
If the date for filing either the response or rebuttal falls on a Saturday, Sunday, or legal holiday, then it shall be filed and served not later than the next day nearer the hearing which is neither a Saturday, Sunday, or legal holiday.
Read that carefully — nearer the hearing, not later. Because these deadlines run backward, the weekend adjustment moves them earlier, not later. That is the opposite of what the ordinary CR 6(a) instinct produces, and it is the single most common way to be late on a Washington summary-judgment response.
The trial-date boundary
Same subdivision: "Summary judgment motions shall be heard more than 14 calendar days before the date set for trial unless leave of court is granted to allow otherwise."
Working backwards from a trial date: the hearing must be at least 15 days before trial, and the motion must be served 28 days before that hearing — so a minimum of about six weeks between filing and trial.
The subdivision closes with a practical note: "Confirmation of the hearing may be required by local rules."
Who may move, and when
A claimant — CR 56(a). A party seeking to recover on a claim, counterclaim or cross claim, or to obtain a declaratory judgment, may move "after the expiration of the period within which the defendant is required to appear, or after service of a motion for summary judgment by the adverse party."
A defending party — CR 56(b). May move at any time, with or without supporting affidavits.
The asymmetry is standard — the defending party has no waiting period.
The standard, and affidavits
CR 56(c): judgment is rendered forthwith if the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, show there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law.
CR 56(e) sets affidavit requirements — made on personal knowledge, setting out facts admissible in evidence, showing affirmatively that the affiant is competent to testify — and contains the cannot-rest-on-the-pleadings provision: when a motion is made and supported as the rule provides, an adverse party may not rest upon the mere allegations or denials of the pleadings, but must set forth specific facts showing there is a genuine issue for trial; if the adverse party does not so respond, summary judgment, if appropriate, shall be entered.
CR 56(f) is Washington's continuance provision: where it appears from the affidavits of a party opposing the motion that the party cannot, for reasons stated, present facts essential to justify opposition, the court may refuse the application for judgment, order a continuance to permit affidavits to be obtained or depositions to be taken or discovery to be had, or make such other order as is just.
CR 56(g) allows expenses and attorney's fees against a party presenting affidavits in bad faith or solely for delay, and permits contempt.
No separate statement
Washington does not require a separate statement of undisputed material facts. California does, and its omission may be fatal there. If you practice in both, don't carry the habit backwards or forwards without checking.
How the four schedules compare
| Washington | California | Georgia | Pennsylvania | |
|---|---|---|---|---|
| Notice before hearing | 28 calendar days | 81 days | 30 days | not set by rule |
| Opposition | 11 days before the hearing | 20 days before the hearing | before the day of hearing (statute); 30 days under USCR 6.2 | 30 days after service of the motion |
| Reply | 5 days before the hearing | 11 days before the hearing | not addressed | not set by rule |
| Relative to trial | heard more than 14 days before trial | heard no later than 30 days before trial | no limit stated | not so as to unreasonably delay trial |
| Weekend adjustment | moves earlier (nearer the hearing) | ordinary | ordinary | ordinary |
Washington and California are the two that fix every date. Washington's is the tighter schedule; California's is the longer runway.
A short checklist
- Pick the hearing date first — every other date derives from it.
- Check it against trial: more than 14 calendar days before, or you need leave.
- 28 / 11 / 5, calendar days, not court days.
- If a response or rebuttal date lands on a weekend or holiday, move it earlier — CR 56(c) sends it toward the hearing, not away from it.
- Confirm the hearing if the county's local rules require it.
- If you need discovery to oppose, CR 56(f) requires an affidavit stating the reasons.
Where these rules live
- Wash. CR 6 — Time
- Wash. CR 12 — Defenses and Objections
- Wash. CR 55 — Default and Judgment
- Wash. CR 56 — Summary Judgment
- Wash. CR 60 — Relief from Judgment or Order
Superior court local rules add confirmation and scheduling requirements on top of CR 56. This page explains what the rules say. It isn't legal advice.