Should it appear from the affidavits of a party opposing the motion that he cannot for reasons stated present by affidavit facts essential to justify his opposition, the court may refuse the application for judgment or may order a continuance to permit affidavits to be obtained or depositions to be taken or discovery to be had or may make such other order as is just.
Rule 56.06.When affidavits are unavailable.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 56.06 gives a court facing a party who cannot yet get the affidavits needed to oppose summary judgment three options: deny the motion outright, grant a continuance so the party can gather affidavits, depositions, or discovery, or issue whatever other order is just.
Full Text of Rule 56.06
Amendment History
(Adopted effective July 1, 1953.)
Plain-English Summary
Summary judgment can move quickly, and the party opposing it may not have had the chance to gather the proof it needs. Rule 56.06 addresses that gap. If the opposing party's own affidavit explains, with stated reasons, that it cannot yet present by affidavit the facts essential to its opposition, the court has options short of ruling on the merits right away.
The court may refuse the summary judgment motion outright. Or it may order a continuance, giving the opposing party time to obtain affidavits, take depositions, or pursue discovery it needs to respond. The rule also leaves room for the court to make any other order that fits the situation. The point is to keep a party from losing on summary judgment because the evidence it needs has not come together yet, so long as it explains why in an affidavit.
Frequently Asked Questions
What happens if I can't get an affidavit in time to oppose summary judgment in Kentucky?
Under Rule 56.06, if you explain by affidavit the reasons you cannot yet present facts essential to your opposition, the court may refuse the summary judgment motion, order a continuance so you can obtain affidavits or take discovery, or make another order that fits the circumstances.
Do I have to file something to ask for more time to respond to summary judgment?
Yes. Rule 56.06 requires the party opposing the motion to explain, in an affidavit, why it cannot present the essential facts by affidavit before the court will consider a continuance or other relief.
Can a judge deny a summary judgment motion just because the opposing party needs more discovery?
Yes. Rule 56.06 allows the court to refuse the application for judgment, order a continuance for further discovery, or make another just order when the opposing party shows it cannot yet present the necessary facts.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 56.06). 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: not enough time to respond to summary judgment KentuckyCR 56.06continuance for discovery summary judgmentaffidavit unavailable summary judgmentKentucky Rule 56.06