(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 30 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 his favor upon all or any part thereof.
Rule 56.Summary judgment
Group VII: Judgment · Not amended since adoption on record · Last verified July 13, 2026
In one sentenceRule 56 lets any party move for summary judgment on all or part of a claim, requires the motion be served at least 10 days before the hearing and opposing affidavits no later than two days before it, and directs judgment for the movant whenever the record shows no genuine issue of material fact and entitlement 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 a summary judgment in his favor as to all or any part thereof.
(c) Motions and Proceedings Thereon. The motion shall be served at least 10 days before the time fixed for the hearing. The adverse party may serve opposing affidavits not later than two days before the hearing. The judgment sought shall be rendered forthwith if the pleadings, depositions, 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 a judgment as a 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, shall if practicable ascertain what material facts exist without substantial controversy and what material facts are actually and in good faith controverted. It may 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 his pleading, but his 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 he does not so respond, summary judgment, if appropriate, shall be entered against him.
(f) When Affidavits Are Unavailable. Should it appear from the affidavits of a party opposing the motion that he cannot for reasons stated present by affidavit facts essential to justify his 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 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 him to incur, including reasonable attorney's fees, and any offending party or attorney may be adjudged guilty of contempt.
Notes
Note: This is the language of Federal Rule 56. Present Circuit Court Rule 44, Summary Judgment, is substantially the same as the Federal Rule except for the following: Rule 56(d) Case Not Fully Adjudicated on Motion, does not appear in the present Circuit Court Rule. This Rule makes the findings of uncontested facts discretionary with the court rather than mandatory; but is valuable in disposing of uncontested issues at trial. Present Circuit Court Rule 44 has minor textual matters that do not appear in the Federal Rule. Paragraphs (a) and (b) of the Circuit Court Rule have the concluding phrase, "notice of motion shall state the grounds for the motion", which is rendered unnecessary by Rule 7(b). The second sentence of Rule 56(e) permits other relevant materials to be considered by the court, and is a needed addition.
Note to 1986 Amendment: This change conforms the time for serving affidavits in opposition to a motion for summary judgment with the general standard in Rule 6(d).
Plain-English Summary
A party pursuing a claim can move for summary judgment once 30 days have passed since the case began, or sooner if the other side already moved for summary judgment first. A party defending against a claim faces no such waiting period and can move at any time. Either way, the motion has to be served at least 10 days before the hearing date, giving the opposing side real time to respond, and any opposing affidavits are due no later than two days before the hearing itself.
The standard the court applies is familiar to anyone who has litigated in federal court: judgment is warranted when the pleadings, depositions, discovery answers, admissions, and any affidavits show no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. A court can grant summary judgment on liability alone even while a real dispute over the amount of damages remains for trial. When the whole case cannot be resolved this way, Rule 56(d) lets the court narrow things down anyway, identifying which facts stand uncontested so the eventual trial can move directly to what is in dispute.
Affidavits supporting or opposing the motion must rest on personal knowledge and admissible facts, with the affiant's competence shown on the face of the document, and any papers referenced in an affidavit have to be attached or served with it. Once a properly supported motion is on file, the party opposing it cannot just stand on the allegations in its own pleading; it has to point to specific facts showing a real dispute exists, or risk judgment against it. A party unable to marshal that evidence yet can ask the court for a continuance to gather affidavits or take discovery instead of losing outright. And a party who files affidavits in bad faith or purely to stall risks having to pay the other side's resulting expenses, including attorney's fees, and can even be held in contempt.
Frequently Asked Questions
How soon after filing suit can a plaintiff move for summary judgment?
Not until 30 days have passed since the action began, unless the defendant has already served its own summary judgment motion, in which case the plaintiff can move sooner.
Is there a waiting period for a defendant to move for summary judgment?
No. A party defending against a claim may move for summary judgment at any time under Rule 56(b).
What is the standard for granting summary judgment in South Carolina?
The moving party wins when the record, including pleadings, depositions, discovery responses, admissions, and affidavits, shows no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law.
When are opposing affidavits due?
No later than two days before the hearing on the motion, while the motion itself must have been served at least 10 days before that hearing.
Can summary judgment be granted on liability but not damages?
Yes. Rule 56(c) allows an interlocutory summary judgment on liability even if a genuine dispute over the amount of damages remains for trial.
What happens if I cannot get affidavits together in time to oppose the motion?
Rule 56(f) lets the court refuse the motion or grant a continuance so the opposing party can obtain affidavits, take depositions, or complete discovery before the motion is decided.
What is the risk of filing a bad-faith affidavit on a summary judgment motion?
The court can order the offending party to pay the other side's reasonable expenses, including attorney's fees, caused by the affidavit, and the party or attorney responsible can be held in contempt.
Source & verification. Rule text, official Notes, and amendment
history are reproduced verbatim from the South Carolina Rules of Civil Procedure,
adopted by the Supreme Court of South Carolina. Last verified July 13, 2026. ·
Official source
Also known as: MSJ South Carolinamotion for summary judgment South Carolinasummary judgment standard South Carolinagenuine issue of material fact SCRule 56 SCRCP deadlines