A party against whom a claim, counterclaim, or cross claim is asserted or a declaratory judgment is sought may, at any time, move with or without supporting affidavits for a summary judgment in his favor as to all or any part thereof.
Rule 56.02.For defending party.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 56.02 lets any party facing a claim, counterclaim, cross-claim, or declaratory judgment action move for summary judgment on all or part of that claim at any time, with or without supporting affidavits.
Full Text of Rule 56.02
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
Summary judgment lets a party skip trial when the facts are not in dispute and the law favors one side. Rule 56.02 gives that tool to the party defending against a claim - the one facing a claim, a counterclaim, a cross-claim, or a request for declaratory judgment. That party can ask the court to decide the matter in its favor without waiting for trial.
The motion can reach the whole claim or only part of it, and it can be filed at any time - there is no requirement to wait until discovery closes or until a particular stage of the case. A party can also file the motion without attaching affidavits, relying instead on the existing record, such as pleadings or discovery responses, to show there is nothing left to try.
Frequently Asked Questions
Who can file a motion for summary judgment under Kentucky Rule 56.02?
Any party against whom a claim, counterclaim, cross-claim, or a request for declaratory judgment has been made. Rule 56.02 covers the defending side of those claims.
Do I need affidavits to file a motion for summary judgment in Kentucky?
No. Rule 56.02 allows the motion to be filed with or without supporting affidavits. Without affidavits, the party seeking summary judgment relies on the record already before the court.
Can I move for summary judgment on only part of a claim?
Yes. Rule 56.02 permits a motion for summary judgment as to 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. 56.02). 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
Also known as: motion for summary judgment defendant KentuckyCR 56.02how to file summary judgment against a claimsummary judgment without affidavits Kentuckydefending party summary judgment motion