Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein. Sworn or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith. The court may permit affidavits to be supplemented or opposed by depositions or by further affidavits.
Rule 56.05.Forms of affidavits; Further testimony.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 56.05 requires that summary judgment affidavits, whether supporting or opposing the motion, rest on personal knowledge, set out facts admissible in evidence, show the affiant is competent to testify, and attach or serve sworn or certified copies of any papers they reference, and it lets the court permit supplementing them with depositions or further affidavits.
Full Text of Rule 56.05
Amendment History
(Adopted effective July 1, 1953.)
Plain-English Summary
An affidavit only helps a summary judgment motion if it meets a certain bar. Rule 56.05 sets that bar for both sides - the party moving for summary judgment and the party opposing it. The affidavit must be based on the affiant's personal knowledge, not secondhand information or belief. It must state facts that would be admissible as evidence at trial, not opinion, hearsay, or argument. And it must show that the person signing it is competent to testify to what is stated - someone in a position to know the facts firsthand.
If the affidavit refers to other documents - a contract, a letter, a record - the rule requires attaching sworn or certified copies of those papers, or serving them along with the affidavit. A court cannot take the affiant's word for what a document says; it needs the document itself, properly authenticated.
The rule gives the court flexibility, too. If an affidavit falls short, the court may allow it to be supplemented or opposed with depositions or further affidavits, rather than deciding the motion on an incomplete record.
Frequently Asked Questions
What makes a summary judgment affidavit valid in Kentucky?
Rule 56.05 requires the affidavit to be based on personal knowledge, to set out facts that would be admissible in evidence, and to show the affiant is competent to testify to those facts.
Do I need to attach documents mentioned in my affidavit?
Yes. If your affidavit refers to papers or parts of papers, Rule 56.05 requires sworn or certified copies to be attached to the affidavit or served with it.
Can I add more evidence after filing my affidavit?
The court has discretion under Rule 56.05 to permit affidavits to be supplemented or opposed by depositions or by further affidavits.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 56.05). 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 affidavit requirements KentuckyCR 56.05personal knowledge affidavit ruleattaching documents to affidavit summary judgmentaffidavit competent to testify