If on motion under this rule judgment is not rendered upon the whole case or for all the relief asked and a trial is necessary, the court at the hearing of the motion, by examining the pleadings and the evidence before it and by interrogating counsel, shall if practicable ascertain what material facts exist without substantial controversy and what material facts are actually and in good faith controverted. It shall thereupon make an order specifying the facts that appear without substantial controversy, including the extent to which the amount of damages or other relief is not in controversy, and directing such further proceedings in the action as are just. Upon the trial of the action the facts so specified shall be deemed established, and the trial shall be conducted accordingly.
Rule 56.04.Case not fully adjudicated on motion.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 56.04 governs what happens when a summary judgment motion resolves only part of the case: the court must pin down, through the record and questioning of counsel, which material facts are in dispute and which are not, then enter an order treating the undisputed facts as established for the trial that follows.
Full Text of Rule 56.04
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
Sometimes a summary judgment motion does not dispose of the whole case - some claims or issues still need a trial. Rule 56.04 tells the court what to do with what is left. At the hearing, the judge examines the pleadings and evidence and questions counsel to identify, where practicable, which material facts stand without substantial controversy and which ones the parties contest in good faith.
The court then issues an order laying out the facts that stand without substantial controversy - including how much of the damages or other relief is not in dispute - and directs whatever further proceedings the case needs. That order is not a paperwork formality. When the case goes to trial, the facts the order identifies as settled are treated as established, and the trial proceeds on that footing. This narrows the trial to the facts still in dispute, saving the court and the parties from relitigating what is already settled.
Frequently Asked Questions
What happens if my summary judgment motion doesn't resolve the whole case in Kentucky?
Under Rule 56.04, the court identifies which material facts are undisputed and which are contested, then issues an order specifying the undisputed facts and directing further proceedings on what remains.
Are facts identified in a Rule 56.04 order binding at trial?
Yes. The rule states that facts specified in the order as free from substantial controversy are deemed established, and the trial is conducted on that basis.
Can a partial summary judgment order address only part of the damages?
Yes. Rule 56.04 lets the court specify the extent to which the amount of damages or other relief is not in controversy, narrowing what remains to be tried.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 56.04). 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: partial summary judgment order KentuckyCR 56.04facts not in controversy summary judgmentcase not fully resolved summary judgmentundisputed facts order Kentucky trial