(a) For Claimant. A party seeking to recover upon a claim, counterclaim, or cross-claim or to obtain a declaratory judgment may, at any time after the expiration of twenty (20) days from the commencement of the action or after service of a motion for summary judgment by the adverse party, move with or without supporting affidavits for a summary judgment in the party's favor upon all or any part thereof.
Rule 56.Summary Judgment.
Current through February 2024 · Last verified July 8, 2026
In one sentenceRule 56, the summary judgment rule, lets a claimant or defending party ask the court to decide all or part of a case without a trial by showing there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law.
Full Text of Rule 56
(b) For Defending Party. A party against whom a claim, counterclaim, or cross- claim is asserted or a declaratory judgment is sought may, at any time, move with or without supporting affidavits for summary judgment in the party's favor as to all or any part thereof.
(c) Motion and Proceedings Thereon. The motion shall be served at least ten (10) days before the time fixed for the hearing. The adverse party prior to the day of hearing may serve opposing affidavits. The judgment sought shall be rendered forthwith if the pleadings, depositions, documents, electronically stored information, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as matter of law. A summary judgment, interlocutory in character, may be rendered on the issue of liability alone although there is a genuine issue as to the amount of damages.
(d) Case Not Fully Adjudicated on Motion. If on motion under this rule judgment is not rendered upon the whole case or for all the relief asked and a trial is necessary, the court at the hearing of the motion, by examining the pleadings and the evidence before it and by interrogating counsel or a self-represented litigant, shall if practicable ascertain what material facts are actually and in good faith controverted. It shall thereupon make an order specifying the facts that appear without substantial controversy, including the extent to which the amount of damages or other relief is not in controversy, and directing such further proceedings in the action as are just.
Upon the trial of the action the facts so specified shall be deemed established, and the trial shall be conducted accordingly.
(e) Form of Affidavits; Further Testimony; Defense Required. Supporting and opposing affidavits shall be made on 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 therein. Sworn or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith. The court may permit affidavits to be supplemented or opposed by depositions, answers to interrogatories, or further affidavits. When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of the adverse party's pleading, but an adverse party's response, by affidavits or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial. If the adverse party does not so respond, summary judgment, if appropriate, shall be entered against the adverse party.
(f) When Affidavits Are Unavailable. Should it appear from the affidavits of a party opposing the motion that the party cannot for reasons stated present by affidavit facts essential to justify the party's opposition, the court may refuse the application for judgment or may order a continuance to permit affidavits to be obtained or depositions to be taken or discovery to be had or may make such other order as is just.
(g) Affidavits Made in Bad Faith. Should it appear to the satisfaction of the court at any time that any of the affidavits presented pursuant to this rule are presented in bad faith or solely for the purpose of delay, the court shall forthwith order the party employing them to pay to the other party the amount of the reasonable expenses which the filing of the affidavits caused the other party to incur, including reasonable attorney's fees, and any offending party or attorney may be adjudged guilty of contempt.
Amendment History
Rhode Island does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own February 2024 printing; for the underlying adopting orders and any later amendments, see the Rhode Island Judiciary’s compiled rules page.
Plain-English Summary
Rule 56 is the rule people mean when they talk about summary judgment, sometimes called an MSJ. It lets a party win all or part of a case without a trial by showing the court there is nothing left for a jury or judge to decide as fact.
Either side can move for it. A claimant — someone seeking to recover on a claim, counterclaim, cross-claim, or declaratory judgment — can move for summary judgment twenty days after the case starts, or sooner if the other side has already moved for summary judgment. A defending party can move at any time. Either side can move with or without supporting affidavits, and can seek judgment on the whole case or on just part of it.
The motion must be served at least ten days before the hearing, and the other side can serve opposing affidavits any time before the hearing date. The court grants judgment if the pleadings, depositions, documents, electronically stored information, interrogatory answers, admissions, and any affidavits on file show there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. The court can even grant judgment on liability alone, leaving the amount of damages for trial.
Affidavits must rest on personal knowledge, set out facts that would be admissible in evidence, and show the affiant is competent to testify to them, with sworn or certified copies of any referenced papers attached. Once a properly supported motion is made, the other side cannot rest on the allegations or denials in its own pleadings — it must come forward with specific facts showing a genuine issue for trial, or the court can enter judgment against it. If a party cannot yet get the facts it needs to oppose the motion, the court can refuse the motion or grant more time for discovery. And if the court finds an affidavit was submitted in bad faith or just to cause delay, it can order the offending party to pay the other side’s reasonable expenses, including attorney’s fees, and can hold that party or attorney in contempt.
Frequently Asked Questions
What does a party have to show to win summary judgment in Rhode Island?
The moving party must show, through the pleadings, depositions, documents, interrogatory answers, admissions, and any affidavits on file, that there is no genuine issue as to any material fact and that it is entitled to judgment as a matter of law. If it makes that showing, the burden shifts to the other side to point to specific facts creating a real dispute.
Can a court grant summary judgment on liability while damages are still disputed?
Yes. Rule 56(c) allows an interlocutory summary judgment on liability alone even though the amount of damages remains a genuine issue, leaving that question for trial.
What if I don’t have the evidence yet to oppose a summary judgment motion?
Under Rule 56(f), if you show by affidavit that you cannot yet present facts essential to opposing the motion, the court can refuse to grant judgment or order a continuance so you can get affidavits, take depositions, or complete discovery.
Source & verification. The rule text is reproduced verbatim from the
official Rhode Island Superior Court Rules of Civil Procedure (R.I. Super. Ct. R. Civ. P. 56). Prescribed by the Supreme Court of Rhode Island (R.I. Gen. Laws § 8-6-2). The plain-English summary is original and written by us. Last verified July 8, 2026. ·
Official source
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