A. BY A CLAIMING PARTY. A party claiming relief may move, with or without supporting affidavits, for summary judgment on all or part of the claim. The motion may be filed at any time after twenty (20) days have passed from commencement of the action or the opposing party serves a motion for summary judgment.
§ 2056.Motions For Summary Judgment
Chapter 39: Oklahoma Pleading Code · Last amended November 1, 2011 · Last verified August 3, 2026
In one sentenceSection 2056 lets a claiming or defending party move for summary judgment, directs the court to grant it when no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law, and requires the opposing party to identify specific facts rather than rest on the pleadings.
Full Text of § 2056
B. BY A DEFENDING PARTY. A party against whom relief is sought may move at any time, with or without supporting affidavits, for summary judgment on all or part of the claim.
C. PROCEEDINGS. The judgment sought should be rendered if the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law.
D. CASE NOT FULLY ADJUDICATED ON THE MOTION. If summary judgment is not rendered on the whole action, the court should, to the extent practicable, determine what material facts are not genuinely at issue. The court should so determine by examining the pleadings and evidence before it and by interrogating the attorneys. It should then issue an order specifying what facts, including items of damages or other relief, are not genuinely at issue. The facts so specified must be treated as established in the action. An interlocutory summary judgment may be rendered on liability alone, even if there is a genuine issue on the amount of damages.
E. AFFIDAVITS AND FURTHER TESTIMONY. A supporting or opposing affidavit must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant is competent to testify on the matters stated. If a paper or part of a paper is referred to in an affidavit, a sworn or certified copy must be attached to or served with the affidavit. The court may permit an affidavit to be supplemented or opposed by depositions, answers to interrogatories, or additional affidavits. When a motion for summary judgment is properly made and supported, an opposing party may not rely merely on allegations or denials in its own pleading; rather, its response must, by affidavits or as otherwise provided in this rule, set out specific facts showing a genuine issue for trial. If the opposing party does not so respond, summary judgment should, if appropriate, be entered against that party.
F. WHEN AFFIDAVITS ARE UNAVAILABLE. If a party opposing the motion shows by affidavit that, for specified reasons, it cannot present facts essential to justify its opposition, the court may deny the motion, order a continuance to enable affidavits to be obtained, depositions to be taken, or other discovery to be undertaken or issue any other just order.
G. AFFIDAVITS SUBMITTED IN BAD FAITH. If satisfied that an affidavit under this rule is submitted in bad faith or solely for delay, the court must 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.
Amendment History
Added by Laws 2009, HB 1603, c. 228, §17, eff. 11/1/2009; Amended by Laws 2011, SB 940, c. 13, §2, eff. 11/1/2011.
Plain-English Summary
This is Oklahoma's summary-judgment rule, and its language tracks FRCP 56 closely. A claiming party can move for summary judgment, with or without affidavits, once twenty days have passed since the action began or the opposing party has moved for summary judgment itself; a defending party can move at any time. The standard is familiar: judgment should be rendered if the pleadings, discovery and disclosure materials, and any affidavits show no genuine issue of material fact and the movant is entitled to judgment as a matter of law.
If summary judgment doesn't dispose of the whole case, the court should narrow things down anyway, identifying, as far as practicable, which facts are undisputed by examining the record and questioning the attorneys, then issuing an order treating those facts as established for the rest of the case. The court can even grant summary judgment on liability alone while leaving a genuine dispute over the amount of damages for trial. Affidavits, supporting or opposing the motion, must rest on personal knowledge, set out admissible facts, and show the affiant is competent to testify, with any referenced document attached in sworn or certified form; and once a properly supported motion is on the table, the opposing party can't just rest on its own pleadings, it has to point to specific facts, by affidavit or otherwise, showing a real dispute for trial, or risk judgment being entered against it.
The section also covers what happens when a party can't get its evidence together in time: on an affidavit explaining why, the court may deny the motion, grant a continuance for more discovery, or issue another appropriate order. And if an affidavit is submitted in bad faith or purely to cause delay, the court must order the offending party to pay the other side's reasonable expenses, including attorney fees, and may hold the party or attorney in contempt.
Frequently Asked Questions
When can a party in Oklahoma ask for summary judgment?
A claiming party can move for it after twenty days from the start of the action or once the other side has moved for summary judgment, under subsection A; a party defending against a claim can move at any time, under subsection B.
What's the standard for granting summary judgment?
Judgment should be granted if the pleadings, discovery and disclosure materials, and any affidavits show no genuine issue of material fact and the movant is entitled to judgment as a matter of law, under subsection C.
Can a party opposing summary judgment just rely on the allegations in their own pleading?
No -- subsection E requires the opposing party to set out specific facts, by affidavit or other evidence, showing a genuine issue for trial once a properly supported motion has been made.
What if a party needs more discovery before it can respond to a summary judgment motion?
Under subsection F, on a supporting affidavit explaining the specific reasons, the court may deny the motion, order a continuance for more discovery, or issue another just order.
Is there a penalty for filing a bad-faith affidavit to support or oppose summary judgment?
Yes -- subsection G requires the court to order the submitting party to pay the other side's reasonable expenses, including attorney fees, and allows holding the offending party or attorney in contempt.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: oklahoma summary judgment rule12 O.S. § 2056MSJ oklahomagenuine issue of material fact oklahoma