(a) For claimant. A party seeking to recover upon a claim, counterclaim, or cross claim, or to obtain a declaratory judgment may, after the expiration of the period within which the defendant is required to appear, 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
Group 7: Judgment · Last amended April 28, 2015 · Last verified July 13, 2026
In one sentenceRule 56 lets a party ask the court to resolve a claim without a trial by showing, through the pleadings, discovery record, and any affidavits, that no genuine issue of material fact remains 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 move with or without supporting affidavits for a summary judgment in such party’s favor as to all or any part thereof.
(c) Motion and proceedings. The motion and any supporting affidavits, memoranda of law, or other documentation shall be filed and served not later than 28 calendar days before the hearing. The adverse party may file and serve opposing affidavits, memoranda of law or other documentation not later than 11 calendar days before the hearing. The moving party may file and serve any rebuttal documents not later than 5 calendar days prior to the hearing. If the date for filing either the response or rebuttal falls on a Saturday, Sunday, or legal holiday, then it shall be filed and served not later than the next day nearer the hearing which is neither a Saturday, Sunday, or legal holiday. Summary judgment motions shall be heard more than 14 calendar days before the date set for trial unless leave of court is granted to allow otherwise. Confirmation of the hearing may be required by local rules. 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 the 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 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 a pleading, but a 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, for reasons stated, the party cannot 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 fees, and any offending party or attorney may be adjudged guilty of contempt.
(h) Form of order. The order granting or denying the motion for summary judgment shall designate the documents and other evidence called to the attention of the trial court before the order on summary judgment was entered.
Amendment History
Adopted May 5, 1967, effective July 1, 1967; amended, adopted July 20, 1978, effective Sept. 1, 1978; amended, adopted June 5, 1985, effective Sept. 1, 1985; amended June 2, 1988, effective Sept. 1, 1988; amended, adopted May 10, 1990, effective Sept. 1, 1990; amended June 10, 1993, effective Sept. 1, 1993; amended, effective April 28, 2015.
Plain-English Summary
Either side can move for summary judgment. A claimant can move once the time to answer has run, or after the opposing side moves first; a defending party can move at any point against a claim, counterclaim, or cross claim, or against a request for declaratory relief. Either motion can target the whole case or just part of it, and neither side needs supporting affidavits to file — though most motions bring them.
Rule 56(c) sets a tight, cascading calendar. The moving papers must be filed and served at least 28 calendar days before the hearing. The opposing side then has until 11 calendar days before the hearing to file its response, and the moving party gets until 5 calendar days before the hearing to file rebuttal material. Whenever one of those deadlines lands on a Saturday, Sunday, or legal holiday, the filing moves to the next day that is not one of those. The hearing itself must be set more than 14 calendar days before trial unless the court grants leave to do otherwise, and local rules may require confirming the hearing date. The standard the court applies at that hearing is familiar: judgment is warranted only where the record, including any affidavits, shows 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 where the amount of damages is still disputed in earnest.
Once a properly supported motion is on file, the opposing party cannot rest on or repeat the allegations or denials from its pleading. Rule 56(e) requires a response — by affidavit or otherwise — that sets out specific facts showing a genuine issue for trial; affidavits on either side must rest on personal knowledge and admissible facts, and must attach or serve any papers they refer to. If the opposing party cannot yet marshal the facts it needs, Rule 56(f) lets it ask the court for a continuance to gather affidavits, take depositions, or complete discovery rather than deny the motion outright.
The rule also polices the motion itself. If a court finds that affidavits were submitted in bad faith or purely to cause delay, Rule 56(g) requires it to order the offending party to cover the reasonable expenses, including attorney fees, that the filing caused the other side, and the offending party or attorney can be held in contempt. And when a court does rule on a motion, Rule 56(h) requires the order to identify the documents and other evidence the court considered before deciding it — a detail that matters on appeal.
Frequently Asked Questions
What deadlines apply to a motion for summary judgment in Washington?
The motion and supporting materials must be filed and served at least 28 calendar days before the hearing. The opposing party's response is due 11 calendar days before the hearing, and the moving party's rebuttal is due 5 calendar days before the hearing. Any of those dates that fall on a weekend or legal holiday move to the next day that is not one.
What does the moving party have to show to win?
That the pleadings, depositions, interrogatory answers, admissions, and any affidavits together show no genuine issue as to any material fact, and that the moving party is entitled to judgment as a matter of law.
Can summary judgment be granted on liability while damages stay disputed?
Yes. Rule 56(c) allows an interlocutory summary judgment on liability alone even where there is a genuine issue as to the amount of damages.
Can the non-moving party just rely on its pleadings to defeat the motion?
No. Once the moving party files a properly supported motion, Rule 56(e) requires the opposing party to respond with specific facts, by affidavit or otherwise, showing a genuine issue for trial. A judgment can be entered against a party who fails to respond that way.
What if I need more discovery before I can respond?
Rule 56(f) lets a party opposing the motion show, by affidavit, that it cannot yet present facts essential to its opposition. The court may then deny the application, order a continuance for further discovery or depositions, or make another appropriate order.
What happens if affidavits are filed in bad faith?
Rule 56(g) requires the court to order the offending party to pay the other side's reasonable expenses, including attorney fees, caused by the bad-faith filing, and the offending party or attorney may be held in contempt.
How soon before trial must a summary judgment hearing be held?
Rule 56(c) requires the hearing to be set more than 14 calendar days before the trial date unless the court grants leave to schedule it closer in.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Washington Superior Court Civil Rules, adopted by the
Supreme Court of Washington. Last verified July 13, 2026. ·
Official source
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