(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 movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.
Rule 56.Summary judgment
Title VII: Judgment · Last amended July 1, 2016 · Last verified July 14, 2026
In one sentenceRule 56 lets a party win a claim or defense without trial by showing the record contains no genuine dispute of material fact and the law favors that party.
Full Text of Rule 56
(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.
(c) Procedures.
(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 56(c), 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 movant 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's fees, it incurred as a result. An offending party or attorney may also be held in contempt or subjected to other appropriate sanctions.
Amendment History
(Adopted March 1, 2016, effective July 1, 2016.)
Plain-English Summary
Summary judgment lets a court end a case, or a piece of it, before trial when the facts are not in dispute and the law points to one answer. Either side can move for it, and the motion can target an entire claim or defense or just part of one. The judge must grant it once satisfied that no genuine factual fight remains and the moving party deserves judgment as a matter of law.
The rule sets a strict calendar. A motion cannot be filed until the case has been pending for a while, and it must be filed well before trial unless the trial date was set on short notice. Once filed, the supporting papers, the opposing brief, and any reply each have their own deadline running backward from the hearing date, giving both sides time to respond in an orderly sequence. A court can shorten or extend these periods for good cause, and can penalize a party who abuses the process.
The heart of the rule is how facts get proven or disputed. A party points to specific evidence in the record, such as depositions, documents, or affidavits, rather than resting on argument alone. Affidavits must come from someone with firsthand knowledge and attach the papers they describe. If the other side lacks the evidence to respond yet, the court can pause the motion, allow more discovery, or fashion another fair solution instead of ruling immediately. And if the court cannot grant everything asked, it can still narrow the case by declaring certain facts settled for trial.
Frequently Asked Questions
What does a party have to show to win summary judgment?
The moving party must show that no genuine dispute exists over any fact that matters to the outcome, and that the law entitles that party to judgment without a trial. If the record leaves room for reasonable disagreement about a material fact, the motion fails and the case proceeds.
How soon can a summary judgment motion be filed, and how soon before trial?
A party generally must wait at least 21 days after service or an appearance before filing. On the other end, the motion must be filed at least 90 days before trial, or within 7 days of the order setting the trial date if that comes later, unless the court orders otherwise.
What are the briefing deadlines once a summary judgment motion is filed?
The motion and supporting papers must be served at least 28 days before the hearing. An opposing brief and any contrary evidence are due at least 14 days before the hearing, and a reply brief is due at least 7 days before the hearing.
What kind of evidence can support or oppose the motion?
Parties may cite depositions, documents, electronically stored information, affidavits or declarations, stipulations, admissions, and interrogatory answers. Affidavits must be based on the affiant's personal knowledge, state facts that would be admissible at trial, and attach the papers they reference.
What happens if the opposing party cannot yet gather the evidence it needs?
If a party shows by affidavit that it cannot yet present facts essential to its opposition, the court has options short of ruling against it immediately. It can put off deciding the motion, deny it, give the party time to take discovery or gather affidavits, or issue another order that fits the situation.
Source & verification. Rule text
are reproduced verbatim from the Idaho Rules of Civil Procedure, adopted by the
Supreme Court of Idaho. Last verified July 14, 2026. ·
Official source
Also known as: summary judgmentMSJmotion for summary judgmentno genuine issue of material factpartial summary judgmentsummary judgment deadline