A.
Art. 966.Motion For Summary Judgment; Procedure
Book II. Ordinary Proceedings · Title I. Pleading · Chapter 4. Written Motions · Last amended 2025 · Last verified July 30, 2026
In one sentenceArticle 966 sets Louisiana's summary judgment standard and procedure — no genuine issue of material fact and entitlement to judgment as a matter of law — along with strict filing deadlines, hearing timelines, a burden-shifting framework once the mover points to an absence of factual support, and special rules for partial summary judgments and fault allocation.
Full Text of Art. 966
(1) A party may move for a summary judgment for all or part of the relief for which he has prayed. A plaintiff's motion may be filed at any time after the answer has been filed. A defendant's motion may be filed at any time.
(3) After an opportunity for adequate discovery, a motion for summary judgment shall be granted if the motion, memorandum, and supporting documents show that there is no genuine issue as to material fact and that the mover is entitled to judgment as a matter of law.
(a) The only documents that may be filed or referenced in support of or in opposition to the motion are pleadings, memoranda, affidavits, depositions, answers to interrogatories, certified medical records, certified copies of public documents or public records, certified copies of insurance policies, authentic acts, private acts duly acknowledged, promissory notes and assignments thereof, written stipulations, and admissions. The court may permit documents to be filed in any electronically stored format authorized by court rules or approved by the clerk of the court.
(b) Any document listed in Subsubparagraph (a) of this Subparagraph previously filed into the record of the cause may be specifically referenced and considered in support of or in opposition to a motion for summary judgment by listing with the motion or opposition the document by title and date of filing. The party shall concurrently with the filing of the motion or opposition furnish to the court and the opposing party a copy of the entire document with the pertinent part designated and the filing information.
B. Unless extended by the court and agreed to by all of the parties, a motion for summary judgment shall be filed, opposed, or replied to in accordance with the following provisions:
(1) Except for any document provided for under Subsubparagraph (A)(4)(b) of this Article, a motion for summary judgment and all documents in support of the motion shall be filed and served on all parties in accordance with Article 1313(A)(4) not less than sixty-five days prior to the trial.
(2) Except for any document provided for under Subsubparagraph (A)(4)(b) of this Article, any opposition to the motion and all documents in support of the opposition shall be filed and served in accordance with Article 1313(A)(4) not less than fifteen days prior to the hearing on the motion.
(3) Any reply memorandum shall be filed and served in accordance with Article 1313(A)(4) not less than five days inclusive of legal holidays notwithstanding Article 5059(B)(3) prior to the hearing on the motion. No additional documents may be filed with the reply memorandum.
(4) If the deadline for filing and serving a motion, an opposition, or a reply memorandum falls on a legal holiday, the motion, opposition, or reply is timely if it is filed and served no later than the next day that is not a legal holiday.
(5) The court shall not reconsider or revise the granting of a motion for partial summary judgment on motion of a party who failed to meet the deadlines imposed by this Paragraph, nor shall the court consider any documents filed after those deadlines.
C.
(1) Unless otherwise agreed to by all of the parties and the court:
(a) A contradictory hearing on the motion for summary judgment shall be set not less than thirty days after the filing and not less than thirty days prior to the trial date.
(b) Notice of the hearing date shall be served on all parties in accordance with Article 1313(C) or 1314 not less than thirty days prior to the hearing.
(2) For good cause shown, the court may order a continuance of the hearing.
(3) The court shall render a judgment on the motion not less than twenty days prior to the trial.
(4) In all cases, the court shall state on the record or in writing the reasons for granting or denying the motion. If an appealable judgment is rendered, a party may request written reasons for judgment as provided in Article 1917.
D.
(1) The burden of proof rests with the mover. Nevertheless, if the mover will not bear the burden of proof at trial on the issue that is before the court on the motion for summary judgment, the mover's burden on the motion does not require him to negate all essential elements of the adverse party's claim, action, or defense, but rather to point out to the court the absence of factual support for one or more elements essential to the adverse party's claim, action, or defense. The burden is on the adverse party to produce factual support sufficient to establish the existence of a genuine issue of material fact or that the mover is not entitled to judgment as a matter of law.
(2) The court shall consider only those documents filed or referenced in support of or in opposition to the motion for summary judgment but shall not consider any document that is excluded pursuant to a timely filed objection. Any objection to a document shall be raised in a timely filed opposition or reply memorandum. The court shall consider all objections prior to rendering judgment. The court shall specifically state on the record or in writing whether the court sustains or overrules the objections raised.
(3) If a timely objection is made to an expert's qualifications or methodologies in support of or in opposition to a motion for summary judgment, any motion in accordance with Article 1425(F) to determine whether the expert is qualified or the expert's methodologies are reliable shall be filed, heard, and decided prior to the hearing on the motion for summary judgment.
E. A summary judgment may be rendered dispositive of a particular issue, theory of recovery, cause of action, or defense, in favor of one or more parties, even though the granting of the summary judgment does not dispose of the entire case as to that party or parties.
F. A summary judgment may be rendered or affirmed only as to those issues set forth in the motion under consideration by the court at that time.
G. When the court renders judgment in accordance with the provisions of this Article that a party or nonparty is not negligent, is not at fault, or did not cause in whole or in part the injury or harm alleged, that party or nonparty shall not be considered in any subsequent allocation of fault. Evidence shall not be admitted at trial to establish the fault of that party or nonparty, except that evidence may be admitted to establish the fault of a principal when the party or nonparty acted pursuant to a mandate or procuration. During the course of the trial, no party or person shall refer directly or indirectly to any such fault, nor shall that party or nonparty's fault be submitted to the jury or included on the jury verdict form except where evidence is admitted of the acts of the party or nonparty for purposes of establishing the fault of the party or nonparty's principal. This Paragraph does not apply if the trial or appellate court's judgment rendered in accordance with this Article is reversed. If the judgment is reversed by an appellate court, the reversal is applicable to all parties.
H. On review, an appellate court shall not reverse a trial court's denial of a motion for summary judgment and grant a summary judgment dismissing a case or a party without assigning the case for briefing and permitting the parties an opportunity to request oral argument.
Amendment History
Amended by Acts 2025, No. 250, §3, eff. 8/1/2025. Amended by Acts 2023, No. 368, §1 and 2, eff. 8/1/2023. Amended by Acts 2023, No. 317, §1, eff. 8/1/2023. Amended by Acts 2015, No. 422, §1, eff. 1/1/2016. Amended by Acts 2014, No. 187, §1, eff. 8/1/2014. Amended by Acts 2013, No. 391, §1, eff. 8/1/2013. Amended by Acts 1966, No. 36, §1; Acts 1983, No. 101, §1, eff. 6/24/1983; Acts 1984, No. 89, §1; Acts 1992, No. 71, §1; Acts 1996, 1st Ex. Sess., No. 9, §1, eff. 5/1/1996; Acts 1997, No. 483, §§1, 3, eff. 7/1/1997; Acts 2001, No. 771, §1; Acts 2003, No. 867, §1; Acts 2010, No. 690, §1; Acts 2012, No. 257, §1; Acts 2012, No. 741, §1.
Plain-English Summary
Article 966 is Louisiana's summary judgment rule, and its core standard will sound familiar to anyone who has litigated in federal court: after adequate discovery, the court grants summary judgment if the motion, memorandum, and supporting documents show no genuine issue of material fact and the mover is entitled to judgment as a matter of law. Paragraph A(2) goes out of its way to call the procedure "favored," to be construed toward a just, speedy, and inexpensive resolution — this isn't a disfavored shortcut, it's the mechanism the Code wants parties to use when the facts aren't in dispute.
Where Article 966 pulls away from its federal cousin is in the details, and the details are strict. Paragraph A(4) limits what can even be filed in support of or opposition to the motion to a specific list — pleadings, memoranda, affidavits, depositions, interrogatory answers, certified medical and public records, certain acknowledged acts, and a handful of other categories. Paragraph B locks in a calendar: the motion and its supporting documents must be filed and served at least 65 days before trial, any opposition at least 15 days before the hearing, and any reply at least 5 days before the hearing, with no new documents allowed in the reply. Miss those deadlines, and Paragraph B(5) means the court won't reconsider a partial summary judgment already granted against a party who missed them, and won't even look at late-filed documents. Paragraph C then sets the hearing itself at least 30 days after filing and 30 days before trial, with judgment due at least 20 days before trial and written reasons required either way.
The burden of proof in Paragraph D tracks a framework familiar from federal practice but writes it directly into the article. The mover carries the burden, but if the mover won't carry the burden of proof at trial on the issue in the motion, he doesn't have to disprove the adverse party's whole case — he only has to point out the absence of factual support for an element the adverse party needs. Once he does, the burden shifts to the adverse party to come forward with actual evidence of a genuine dispute.
Two provisions push Article 966 further than a simple grant-or-deny rule. Paragraph E lets the court grant summary judgment on a single issue, theory, or defense without disposing of the whole case, and Paragraph G addresses what happens next for a party or nonparty the court finds free of fault on a partial motion: that finding locks in, keeping the party's fault out of any later allocation among the parties at trial, unless an appellate court reverses the judgment. Paragraph H adds one more safeguard on appeal — an appellate court can't reverse a trial court's denial of summary judgment and grant judgment dismissing the case without first giving the parties a chance to brief the issue and request oral argument.
Frequently Asked Questions
What is the standard for summary judgment in Louisiana?
After an opportunity for adequate discovery, summary judgment is granted if the motion, memorandum, and supporting documents show no genuine issue of material fact and the mover is entitled to judgment as a matter of law.
How far in advance of trial must a Louisiana summary judgment motion be filed?
Not less than 65 days before trial, unless the parties agree to extend that deadline and the court allows it. Opposition papers are due at least 15 days before the hearing, and any reply at least 5 days before.
Who has the burden of proof on a Louisiana motion for summary judgment?
The mover carries the burden. But if the mover won't bear the burden of proof at trial on the issue involved, he only has to point out the absence of factual support for an essential element — then the adverse party has to come forward with evidence of a genuine dispute.
Can a Louisiana court grant summary judgment on part of a case?
Yes. Article 966(E) allows a partial summary judgment on a single issue, theory, cause of action, or defense, even when the rest of the case remains pending.
What happens if a party misses the summary judgment filing deadlines?
Article 966(B)(5) bars the court from reconsidering a partial summary judgment already granted against that party for missing the deadlines, and bars the court from considering documents filed after them.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
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