(a) Motion. — Any party may file a written motion for summary judgment on all or part of an action on the ground that there is no genuine dispute as to any material fact and that the party is entitled to judgment as a matter of law. The motion shall be supported by affidavit if it is (1) filed before the day on which the adverse party’s initial pleading or motion is filed or (2) based on facts not contained in the record. A motion for summary judgment may not be filed: (A) after any evidence is received at trial on the merits or (B) unless permission of the court is granted, after the deadline for dispositive motions specified in the scheduling order entered pursuant to Rule 2-504(b)(1)(F).
Rule 2-501.Motion for summary judgment
Circuit Court · Last amended January 1, 2024 · Last verified July 13, 2026
In one sentenceRule 2-501 is Maryland's summary judgment rule: it lets any party ask the court to decide a claim without trial by showing there's no genuine dispute of material fact and the law favors them, and it spells out exactly how the motion, the response, and the supporting affidavits have to be built.
Full Text of Rule 2-501
(b) Response. — A response to a motion for summary judgment shall be in writing and shall (1) identify with particularity each material fact as to which it is contended that there is a genuine dispute and (2) as to each such fact, identify and attach the relevant portion of the specific document, discovery response, transcript of testimony (by page and line), or other statement under oath that demonstrates the dispute. A response asserting the existence of a material fact or controverting any fact contained in the record shall be supported by an affidavit or other written statement under oath.
(c) Form of affidavit. — An affidavit supporting or opposing a motion for summary judgment shall be made upon 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 in the affidavit.
(d) Affidavit of defense not available. — If the court is satisfied from the affidavit of a party opposing a motion for summary judgment that the facts essential to justify the opposition cannot be set forth for reasons stated in the affidavit, the court may deny the motion or may order a continuance to permit affidavits to be obtained or discovery to be conducted or may enter any other order that justice requires.
(e) Contradictory affidavit or statement. —
(1) A party may file a motion to strike an affidavit or other statement under oath to the extent that it contradicts any prior sworn statement of the person making the affidavit or statement. Prior sworn statements include (A) testimony at a prior hearing, (B) an answer to an interrogatory, and (C) deposition testimony that has not been corrected by changes made within the time allowed by Rule 2- 415.
(2) If the court finds that the affidavit or other statement under oath materially contradicts the prior sworn statement, the court shall strike the contradictory part unless the court determines that (A) the person reasonably believed the prior statement to be true based on facts known to the person at the time the prior statement was made, and (B) the statement in the affidavit or other statement under oath is based on facts that were not known to the person and could not reasonably have been known to the person at the time the prior statement was made or, if the prior statement was made in a deposition, within the time allowed by Rule 2-415 (d) for correcting the deposition.
(f) Entry of judgment. — The court shall enter judgment in favor of or against the moving party if the motion and response show that there is no genuine dispute as to any material fact and that the party in whose favor judgment is entered is entitled to judgment as a matter of law. By order pursuant to Rule 2-602 (b), the court may direct entry of judgment (1) for or against one or more but less than all of the parties to the action, (2) upon one or more but less than all of the claims presented by a party to the action, or (3) for some but less than all of the amount requested when the claim for relief is for money only and the court reserves disposition of the balance of the amount requested. If the judgment is entered against a party in default for failure to appear in the action, the clerk promptly shall send a copy of the judgment to that party at the party’s last known address appearing in the court file.
(g) Order specifying issues or facts not in dispute. — When a ruling on a motion for summary judgment does not dispose of the entire action and a trial is necessary, the court may enter an order specifying the issues or facts that are not in genuine dispute. The order controls the subsequent course of the action but may be modified by the court to prevent manifest injustice.
Amendment History
Amended Apr. 8, 1985; Apr. 7, 1986, effective July 1, 1986; Mar. 22, 1991, effective July 1, 1991; Dec. 8, 2003, effective July 1, 2004; June 16, 2009, effective June 17, 2009; March 2, 2015, effective July 1, 2015; April 21, 2023, effective July 1, 2023; November 28, 2023, effective January 1, 2024.
Committee Note & Source
Committee note. This Rule does not prevent the trial court from exercising its discretion during trial to entertain any motions in limine or other preclusive motions that may have the same effect as summary judgment and lead to a motion for judgment under Md. Rule 2-519. See, e.g., Univ. of Md. Medical System Corporation, et al. v. Rebecca Marie Waldt, et al., 411 Md. 207 (2009). Such a procedure avoids confusion and potential due process deprivations associated with summary judgment motions raised orally or at trial. See Beyer v. Morgan State Univ., 369 Md. 335, 359, fn. 16 (2002); see also Hanson v. Polk County Land, Inc., 608 F.2d 129, 131 (5th Cir. 1979) (allowing oral motions for summary judgment leads to confusion with each side having a different recollection of what was contended.) Requiring a written motion also insures adequate notice to all sides.
Cross references. Section 3931 of the Servicemembers Civil Relief Act, 50 U.S.C. §§ 3901 et seq., imposes specific requirements that must be fulfilled before a default judgment may be entered.
Plain-English Summary
Rule 2-501 lets any party move for summary judgment on all or part of a case, arguing that no genuine dispute of material fact exists and that the law entitles them to win as a matter of law. The motion has to be supported by affidavit in two situations: when it's filed before the adverse party's initial pleading or motion, or when it relies on facts outside the existing record. Timing matters on the back end too. A party can't file for summary judgment after evidence has been received at trial, and once the scheduling order's dispositive-motions deadline (set under Rule 2-504(b)(1)(F)) has passed, a late motion needs the court's permission. The Rules Committee has been explicit that this written-motion requirement is meant to head off the confusion and due-process problems that come from raising something like summary judgment orally or mid-trial.
The response side is just as structured. A party opposing summary judgment has to identify, with particularity, each material fact it claims is disputed, and for each one, attach the specific document, discovery response, sworn testimony (with page and line citations), or other evidence under oath that shows the dispute is real. Any assertion of a disputed fact needs its own affidavit or sworn statement to back it up; unsupported denials don't count. Rule 2-501(c) sets the baseline for any affidavit used on either side: it must rest on personal knowledge, state facts that would be admissible at trial, and show the affiant is competent to testify to what's in it. If the opposing party can't yet marshal the facts needed to fight the motion, Rule 2-501(d) lets the court deny the motion outright, grant a continuance for more affidavits or discovery, or fashion whatever other order justice requires.
Rule 2-501(e) targets the sham-affidavit problem directly: a party can move to strike an affidavit or sworn statement to the extent it contradicts the same person's earlier sworn testimony, interrogatory answer, or uncorrected deposition testimony. If the contradiction is material, the court has to strike the contradictory part, unless the person reasonably believed the earlier statement was true when made and the new statement rests on facts that weren't and couldn't reasonably have been known at the time. On the merits, the court enters judgment for or against the moving party once the record shows no genuine factual dispute and the law resolves the case one way. Judgment can be partial, covering some parties, some claims, or part of a money claim, when the court directs entry under Rule 2-602(b). And when summary judgment doesn't dispose of the whole case, the court can enter an order pinning down which issues or facts are not in genuine dispute, which then controls how the rest of the case proceeds unless the court later modifies it to prevent manifest injustice.
Frequently Asked Questions
What do I have to show to win summary judgment in Maryland?
Under Rule 2-501(a), you have to show there's no genuine dispute as to any material fact and that you're entitled to judgment as a matter of law. If you're filing before the other side's first pleading or motion, or relying on facts outside the record, your motion also has to be supported by affidavit.
When is the deadline to file a motion for summary judgment in Maryland circuit court?
There's no fixed statewide date; it depends on the case's scheduling order. Rule 2-501(a) bars filing after any evidence is received at trial, and bars filing after the dispositive-motions deadline set in the scheduling order under Rule 2-504(b)(1)(F) unless the court gives permission.
How do I respond to a motion for summary judgment in Maryland?
Rule 2-501(b) requires a written response that identifies, with particularity, each material fact you say is disputed, and attaches the specific document, discovery response, sworn transcript testimony (by page and line), or other sworn statement that shows the dispute. Any factual assertion in the response needs its own supporting affidavit or sworn statement.
Can the other side's affidavit contradict what they said in their deposition?
Generally no. Rule 2-501(e) lets you move to strike an affidavit to the extent it materially contradicts the same person's prior sworn statement, including deposition testimony not timely corrected under Rule 2-415. The court has to strike the contradiction unless the person reasonably believed the earlier statement was true when made and the new statement rests on facts they couldn't reasonably have known at the time.
What happens if summary judgment doesn't resolve my whole case?
Rule 2-501(g) lets the court enter an order specifying which issues or facts remain in dispute after a partial ruling. That order controls how the rest of the case proceeds, though the court can modify it later to prevent manifest injustice.
Can a Maryland court grant summary judgment on only part of a case?
Yes. Rule 2-501(f) allows the court, acting under Rule 2-602(b), to direct entry of judgment for or against fewer than all parties, on fewer than all claims, or for part of a money claim while reserving the rest.
Do I need an affidavit every time I file for summary judgment in Maryland?
Not always. Rule 2-501(a) requires an affidavit only if the motion is filed before the adverse party's initial pleading or motion, or if it relies on facts not already in the record. A motion based entirely on the existing record, filed after the opposing party has pleaded, doesn't need one.
Source & verification. Rule text, Committee Note, Source note, and
amendment history are reproduced verbatim from the Maryland Rules, adopted by the
Supreme Court of Maryland. Last verified July 13, 2026. ·
Official source
Also known as: summary judgment marylandmsjmotion for summary judgment marylandopposing summary judgment marylandsham affidavit rule marylandpartial summary judgment marylandno genuine dispute of material fact marylanddispositive motion deadline maryland