(a) Motion for Summary Judgment or Partial Summary Judgment. A party may move for summary judgment, identifying each claim or defense—or the part of each claim or defense—on which summary judgment is sought. The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. The court should state on the record the reasons for granting or denying the motion.
Rule 56.Summary judgment
Group VII: Judgment · Last amended March 1, 2019 · Last verified July 14, 2026
In one sentenceRule 56 is Nevada's summary judgment rule: it lets a party win a claim or defense without a trial by showing there is no genuine dispute over any material fact and that the law entitles them to judgment, and it lays out exactly how facts must be supported, disputed, and, if necessary, deferred until more discovery can be done.
Full Text of Rule 56
(b) Time to File a Motion. Unless a different time is set by local rule or the court orders otherwise, a party may file a motion for summary judgment at any time until 30 days after the close of all discovery.
(c) Procedures.
(1) Supporting Factual Positions. A party asserting that a fact cannot be or is genuinely disputed must support the assertion by:
(A) citing to particular parts of materials in the record, including depositions, documents, electronically stored information, affidavits or declarations, stipulations (including those made for purposes of the motion only), admissions, interrogatory answers, or other materials; or
(B) showing that the materials cited do not establish the absence or presence of a genuine dispute, or that an adverse party cannot produce admissible evidence to support the fact.
(2) Objection That a Fact Is Not Supported by Admissible Evidence. A party may object that the material cited to support or dispute a fact cannot be presented in a form that would be admissible in evidence.
(3) Materials Not Cited. The court need consider only the cited materials, but it may consider other materials in the record.
(4) Affidavits or Declarations. An affidavit or declaration used to support or oppose a motion must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant or declarant is competent to testify on the matters stated.
(d) When Facts Are Unavailable to the Nonmovant. If a nonmovant shows by affidavit or declaration that, for specified reasons, it cannot present facts essential to justify its opposition, the court may:
(1) defer considering the motion or deny it;
(2) allow time to obtain affidavits or declarations or to take discovery; or
(3) issue any other appropriate order.
(e) Failing to Properly Support or Address a Fact. If a party fails to properly support an assertion of fact or fails to properly address another party’s assertion of fact as required by Rule 56(c), the court may:
(1) give an opportunity to properly support or address the fact;
(2) consider the fact undisputed for purposes of the motion;
(3) grant summary judgment if the motion and supporting materials—including the facts considered undisputed—show that the movant is entitled to it; or
(4) issue any other appropriate order.
(f) Judgment Independent of the Motion. After giving notice and a reasonable time to respond, the court may:
(1) grant summary judgment for a nonmovant;
(2) grant the motion on grounds not raised by a party; or
(3) consider summary judgment on its own after identifying for the parties material facts that may not be genuinely in dispute.
(g) Failing to Grant All the Requested Relief. If the court does not grant all the relief requested by the motion, it may enter an order stating any material fact—including an item of damages or other relief—that is not genuinely in dispute and treating the fact as established in the case.
(h) Affidavit or Declaration Submitted in Bad Faith. If satisfied that an affidavit or declaration under this rule is submitted in bad faith or solely for delay, the court—after notice and a reasonable time to respond— may order the submitting party to pay the other party the reasonable expenses, including attorney fees, it incurred as a result. An offending party or attorney may also be held in contempt or subjected to other appropriate sanctions.
Notes
Drafter’s Note, Amendment Effective January 1, 2005: Subdivision (c) is amended to make clear that motions for summary judgment and responses thereto must identify each material fact that the party claims is or is not genuinely in issue and must cite the relevant portions of any documents or evidence upon which the party relies. The new language is taken from Rule 56-1 of the Local Rules of Practice for the United States District Court for the District of Nevada. The provision is also amended to require that an order granting summary judgment set forth the undisputed material facts and legal determinations that support the decision to grant summary judgment.
Advisory Committee Note — 2019 Amendment: Subsection (a). Rule 56(a) retains the word “shall” consistent with the advisory committee notes to the 2010 amendments to FRCP 56 to preserve Wood v. Safeway, Inc.,121 Nev. 724, 121 P.3d 1026 (2005), and its progeny. Subsection (d). Rule 56(d) modernizes the text of former NRCP 56(f) consistent with FRCP 56(d). The changes are stylistic and do not affect Choy v. Ameristar Casinos, Inc.,127 Nev. 870, 265 P.3d 698 (2011), which requires an affidavit to justify a request for a continuance of the summary judgment proceeding to conduct further discovery. Subsection (e). The judicial discretion afforded under new Rule 56(e) ensures fairness in the individual case; it should not excuse inadequate motion practice.
Amendment History
Amended eff. 3-16-64; Amended 12-13-85, eff. 2-11-86; Amended eff. 1-1-05; Amended eff. 3-1-19.
Plain-English Summary
Summary judgment lets a court decide a case, or part of it, without a trial when the facts that matter are not in real contention and the law points clearly to one outcome. A party can move for it on an entire claim or defense, or just a piece of one. Nevada's standard is deliberately firm: the rule says the court must grant the motion once the movant shows there is no genuine dispute of material fact and that judgment as a matter of law follows, and the court is expected to say why on the record when it rules. That mandatory framing matters — this is not a rule that leaves the outcome to the judge's taste once the standard is met, and it is one of the most frequently filed and closely watched motions in civil litigation because it can end a case, or a chunk of one, before trial ever starts.
Winning or defeating the motion comes down to how well each side backs up its factual claims. A party asserting that a fact is or is not disputed has to point to specific record evidence, such as deposition testimony, documents, affidavits, or discovery responses, or show that the other side's evidence does not establish what it claims, or that an opponent could not produce admissible proof at trial. The opposing party can object that evidence offered could never be presented in an admissible form, and the court only has to look at what the parties cite, though it is free to dig into more of the record. Affidavits and declarations submitted either way have to rest on personal knowledge, state facts that would be admissible, and show the person is competent to testify to them. If a party has not yet built the record it needs, it can ask the court, through its own affidavit, to put off ruling, allow more time for discovery, or issue some other order rather than forcing a premature response.
The rule also gives the court real flexibility in how it resolves the motion. If a party does not properly support or dispute a fact, the court can let them fix it, treat the fact as settled for purposes of the motion, or grant judgment outright if the undisputed facts get the movant there. A court can even grant summary judgment for the party who did not move for it, rule on grounds nobody raised, or flag facts on its own that look undisputed, as long as it gives notice and a chance to respond first. Short of granting everything asked for, the court can narrow the case by declaring specific facts, including elements of damages, as established going forward. And filing an affidavit in bad faith or purely to stall carries a real cost: the court can order the offending side to pay the other party's resulting expenses, including attorney fees, and can impose contempt or other sanctions. Absent a different deadline set by local rule or court order, a summary judgment motion can be filed any time up to 30 days after discovery closes, so the practical calendar for filing one is usually set well before that by the case's scheduling order.
Frequently Asked Questions
What do I have to show to win a motion for summary judgment?
You need to show there is no genuine dispute as to any material fact and that you are entitled to judgment as a matter of law. In practice that means backing every fact you rely on with specific record citations — deposition testimony, documents, affidavits, or discovery responses — rather than general assertions.
What does "no genuine dispute of material fact" mean?
It means the facts that matter to the outcome are not in real contention between the parties, even if they disagree about details that would not change the result. A dispute over an immaterial fact, or a dispute unsupported by any real evidence, does not stand in the way of summary judgment.
When is the deadline to file a motion for summary judgment?
Absent a different deadline set by local rule or the court, a motion can be filed any time up until 30 days after the close of all discovery. Many cases set an earlier deadline in the scheduling order, so check that first.
What if I need more discovery before I can respond to a summary judgment motion?
File an affidavit or declaration explaining, with specifics, why you cannot yet present the facts needed to oppose the motion. The court can then defer ruling, deny the motion outright, give you time to gather affidavits or take discovery, or issue whatever other order fits the situation.
What happens if I do not properly dispute a fact the other side asserts?
The court can give you a chance to fix the problem, but it can also treat that fact as undisputed for the motion, and if the undisputed facts add up to entitlement to judgment, grant summary judgment on that basis.
Source & verification. Rule text, official Advisory Committee
Notes, and amendment history are reproduced verbatim from the Nevada Rules of Civil
Procedure, adopted by the Supreme Court of Nevada. Last verified July 14, 2026.
· Official source
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