Rule 507.Summary Judgment

Part V. Motions and Injunctions · Last amended July 1, 2021 · Last verified September 4, 2026

In one sentenceRule 507 allows summary judgment where there is no genuine dispute of material fact, and sets a 90-day-before-trial filing deadline with a 28/14/7-day briefing ladder.

Full Text of Rule 507

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g)

(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 must 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.

(b) Time.

(1) Time for Filing. The motion may be filed any time after the expiration of 21 days from the service of process upon the adverse party or that party’s appearance in the action or after service of a motion for summary judgment by the adverse party. However, a motion for summary judgment must be filed at least 90 days before the trial date, or filed within 7 days from the date of the order setting the case for trial, whichever is later, unless otherwise ordered by the court.

(2) Other Time Requirements. The motion, supporting documents, and brief must be served at least 28 days before the date of the hearing. If the adverse party wishes to oppose summary judgment, the party must serve an answering brief. The answering brief and any opposing documents must be served at least 14 days before the date of the hearing. Any reply brief of the moving party must be served at least 7 days before the date of the hearing.

(3) Altering Time Requirements. The court may alter or shorten the time periods and requirements of this rule for good cause shown, may continue the hearing, and may impose costs, attorney fees and sanctions against a party or the party’s attorney, or both.

(1) Supporting Factual Positions. A party asserting that a fact cannot be 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, or that an adverse party cannot produce admissible evidence to support the fact.

(2) Objection That a Fact Is Not Supported by Admissible Evidence. A party may object that the material cited to support or dispute a fact is not admissible in evidence at the hearing.

(3) Materials Not Cited. The court need consider only the cited materials, but it may consider other materials in the record.

(4) Affidavits. An affidavit used to support or oppose a motion must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant or declarant is competent to testify on the matters stated. Sworn or certified copies of all papers or parts of papers referred to in an affidavit must be attached to or served with the affidavit. The court may permit affidavits to be supplemented or opposed by depositions, answers to interrogatories, or further affidavits.

(d) When Facts are Unavailable to the Nonmovant. If a nonmovant shows by affidavit or declaration that, for specified reasons, it cannot present facts essential to justify its opposition, the court may:

(1) defer considering the motion or deny it;

(2) allow time to obtain affidavits or declarations or to take discovery; or

(3) issue any other appropriate order.

(e) Failing to Properly Support or Address a Fact. If a party fails to properly support an assertion of fact or fails to properly address another party’s assertion of fact as required by Rule 506, the court may:

(1) give an opportunity to properly support or address the fact;

(2) consider the fact undisputed for purposes of the motion;

(3) grant summary judgment if the motion and supporting materials, including the facts considered undisputed, show that the moving party is entitled to it; or

(4) issue any other appropriate order.

(f) Failing to Grant all the Requested Relief. If the court does not grant all the relief requested by the motion, it may enter an order stating any material fact, including an item of damages or other relief, that is not genuinely in dispute and treating the fact as established in the case.

(g) Affidavit or Declaration Submitted in Bad Faith. If satisfied that an affidavit under this rule is submitted in bad faith or solely for delay, the court, after notice and a reasonable time to respond, must order the submitting party to pay the other party the reasonable expenses, including attorney fees, it incurred as a result. An offending party or attorney may also be held in contempt or subjected to other appropriate sanctions.

End

Rule History

(Adopted March 29, 2021, effective July 1, 2021.)

Plain-English Summary

Rule 507 brings summary judgment into family law practice.

The standard

A party may move for judgment on a whole claim or defense or any part of one. The court must grant summary judgment if the moving party shows there is no genuine dispute as to any material fact and it is entitled to judgment as a matter of law.

Two clocks

The motion may be filed any time after 21 days from service of process on the adverse party, that party's appearance, or service of the adverse party's own summary judgment motion. But it must be filed at least 90 days before the trial date, or within 7 days from the order setting the case for trial, whichever is later.

That second half matters when trial is set on short notice: a case set for trial 60 days out still leaves a 7-day window from the setting order.

Briefing counts back from the hearing: motion, supporting documents and brief served 28 days before; answering brief and opposing documents 14 days; reply 7 days. The court may alter or shorten these for good cause, continue the hearing, and impose costs, attorney fees and sanctions.

How facts are shown

A party asserting that a fact cannot be or is genuinely disputed must cite particular parts of the record — depositions, documents, electronically stored information, affidavits, stipulations, admissions, interrogatory answers — or show that the cited materials do not establish the absence or presence of a dispute, or that an adverse party cannot produce admissible evidence to support the fact.

A party may object that cited material is not admissible. The court need consider only the cited materials, but may consider others in the record — so a buried fact is not the court's job to find.

An affidavit must be made on personal knowledge, set out facts admissible in evidence, and show the affiant is competent to testify. Sworn or certified copies of papers referred to must be attached or served with it.

When the nonmovant needs more time

If a nonmovant shows by affidavit that, for specified reasons, it cannot present facts essential to justify its opposition, the court may defer or deny the motion, allow time to take discovery, or issue any other appropriate order. Specified reasons, not a general plea for delay.

Failing to address a fact

Where a party fails to properly support or address an assertion of fact, the court may give an opportunity to fix it, consider the fact undisputed for purposes of the motion, grant summary judgment if the materials then show entitlement, or issue any other order. If the court does not grant all the relief requested, it may enter an order treating undisputed material facts as established in the case.

Bad faith

If satisfied that an affidavit is submitted in bad faith or solely for delay, the court — after notice and a reasonable time to respond — must order the submitting party to pay the other's reasonable expenses including attorney fees, and may hold the offending party or attorney in contempt.

Frequently Asked Questions

What is the standard for summary judgment?

Rule 507(a) requires the court to 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.

When must a summary judgment motion be filed?

Rule 507(b)(1) allows filing any time after 21 days from service of process or the adverse party's appearance, but requires the motion to be filed at least 90 days before the trial date, or within 7 days from the order setting the case for trial, whichever is later.

What is the briefing schedule?

Rule 507(b)(2) requires the motion, supporting documents and brief to be served at least 28 days before the hearing, the answering brief and opposing documents at least 14 days before, and any reply brief at least 7 days before.

What if I need discovery before I can respond?

Rule 507(d) allows the court, if a nonmovant shows by affidavit or declaration that for specified reasons it cannot present facts essential to justify its opposition, to defer considering the motion or deny it, allow time to obtain affidavits or take discovery, or issue any other appropriate order.

Does the court have to search the record for me?

No. Rule 507(c)(3) provides that the court need consider only the cited materials, but it may consider other materials in the record.

What happens if an affidavit is filed in bad faith?

Rule 507(g) requires the court, after notice and a reasonable time to respond, to order the submitting party to pay the other party's reasonable expenses including attorney fees, and allows contempt or other appropriate sanctions.

Source & verification. Rule text and Rule History reproduced verbatim from the Idaho Rules of Family Law Procedure as published by the Idaho Supreme Court, current through amendments effective July 1, 2026. Promulgated by the Supreme Court of Idaho (Idaho Const. art. V, sec. 25). Last verified September 4, 2026. · Official text

Also known as: summary judgmentno genuine dispute90 days before trial28 dayspartial summary judgmentaffidavitbad faith