The motion shall be served at least 10 days before the time fixed for the hearing. The adverse party prior to the day of hearing may serve opposing affidavits. The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, stipulations, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. A summary judgment, interlocutory in character, may be rendered on the issue of liability alone although there is a genuine issue as to the amount of damages.
Rule 56.03.Motion and proceedings thereon.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 56.03 sets the procedure for a summary judgment motion: it must be served at least 10 days before the hearing, the opposing party may serve affidavits before the hearing date, and the court must grant judgment if the record shows no genuine issue of material fact, including a partial judgment on liability alone even with a live dispute over damages.
Full Text of Rule 56.03
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
This rule spells out the mechanics of a summary judgment motion once one is filed under 56.02. The moving party has to serve the motion at least 10 days before the hearing date, giving the opposing party time to respond. That opposing party can serve its own affidavits any time before the day of the hearing, laying out facts it says create a dispute.
The standard for granting the motion is set out directly: the court looks at the pleadings, depositions, interrogatory answers, stipulations, admissions on file, and any affidavits. If together they show no genuine issue of material fact and the moving party is entitled to judgment as a matter of law, the court renders judgment. There is no room for the court to weigh disputed facts at this stage - if a genuine factual dispute exists, the motion fails.
The rule also allows a split outcome. Even when the parties dispute the amount of damages, the court can enter summary judgment on liability alone, leaving only the damages amount for trial. That judgment is interlocutory - not a final resolution of the whole case - but it narrows what is left to try.
Frequently Asked Questions
How much notice do I get before a summary judgment hearing in Kentucky?
Rule 56.03 requires the motion to be served at least 10 days before the time set for the hearing.
When do I have to file my opposing affidavits to a summary judgment motion?
Rule 56.03 lets the adverse party serve opposing affidavits any time before the day of the hearing.
Can a court grant summary judgment on liability but leave damages for trial?
Yes. Rule 56.03 allows an interlocutory summary judgment on liability alone even when there is a genuine issue about how much in damages is owed.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 56.03). 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: summary judgment hearing notice KentuckyCR 56.03no genuine issue of material fact Kentuckypartial summary judgment on liabilitysummary judgment 10 days notice