Rule 56.Summary Judgment

Summary judgment is the tool a party uses to win a case—or narrow it—without a trial. The idea is that a trial exists to resolve genuine factual disputes; when there is nothing for a jury to decide, the court can rule on the law instead.

The standard. A court grants summary judgment when the pleadings, discovery, disclosures, and affidavits show no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. Either the claiming party or the defending party can move, at any time, on all or part of a claim.

The burden shifts. The party moving for summary judgment goes first and must show that no genuine factual dispute exists. Once it does, the burden shifts to the opposing party, who cannot rest on the allegations or denials in its pleadings. The opponent must come forward with affidavits or other evidence setting out specific facts showing a real dispute for trial. If it does not, summary judgment may be entered against it.

Timing. Montana sets its own schedule in subdivision (c): the party opposing the motion has 21 days to respond (or until its responsive pleading is due, whichever is later), and the moving party has 14 days to reply. A hearing is not automatic—the right to one is waived unless a party requests it within 14 days after the reply deadline passes, though the court can set a hearing on its own.

Rule 56 also handles the in-between situations: the court can grant partial summary judgment, settle which facts are established for trial, or resolve liability while leaving damages open. And if the opposing party needs more discovery to respond, subdivision (f) lets it ask the court—by affidavit—to deny or postpone the motion so that discovery can happen first.