A party seeking to recover upon a claim, counterclaim, or cross-claim or to obtain a declaratory judgment may, at any time after the expiration of 20 days from the commencement of the action or after service of a motion for summary judgment by the adverse party, move with or without supporting affidavits for a summary judgment in his favor upon all or any part thereof.
Rule 56.01.For claimant.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 56.01 lets a party pursuing a claim, counterclaim, cross-claim, or declaratory judgment move for summary judgment, with or without supporting affidavits, once 20 days have passed since the action began or the adverse party has served its own summary-judgment motion, whichever comes first.
Full Text of Rule 56.01
Amendment History
The source reproduced here (current through June 18, 2026) records no amendment to this rule since its original adoption — no History line appears for it in the compiled rules. For the underlying adopting order and any later amendments, see the West’s Rules & Procedures.
Plain-English Summary
Rule 56.01 gives the claiming side of a case — the party pursuing a claim, counterclaim, cross-claim, or a declaratory judgment — its own route to summary judgment. Instead of waiting for trial, that party can ask the court to decide the case, or part of it, once the record shows there is nothing left worth trying.
Unlike Rule 56.02, which lets a defending party move for summary judgment at any time, Rule 56.01 ties the claimant's motion to a starting point: 20 days after the action begins, or as soon as the adverse party serves its own motion for summary judgment, whichever happens first. Before that point, the claimant has to wait.
The motion can go forward with or without supporting affidavits, and it can seek judgment on the whole claim or only part of it.
Frequently Asked Questions
How soon can I move for summary judgment as the plaintiff in a Kentucky lawsuit?
Rule 56.01 lets you move for summary judgment once 20 days have passed since the action began, or as soon as the adverse party serves its own motion for summary judgment, whichever comes first.
Do I need affidavits to move for summary judgment on my own claim?
No. Rule 56.01 lets the moving party seek summary judgment with or without supporting affidavits.
Can I move for summary judgment on only part of my claim?
Yes. Rule 56.01 allows a motion for summary judgment on all or any part of the claim, counterclaim, cross-claim, or declaratory judgment action.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 56.01). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
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