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Rule 56.Summary Judgment

Current through January 1, 2025 · Last verified July 8, 2026

In one sentenceRule 56 lets a party move for summary judgment on a whole claim or defense (or part of one) whenever the record shows no genuine dispute over a material fact, sets a default deadline of 30 days after discovery closes, spells out how each side supports or disputes facts, and lets the court sort out what remains contested even when the motion doesn't resolve the whole case.

Full Text of Rule 56

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h)

(a) Motion for summary judgment or partial summary judgment.
A party 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 issue as to any material fact and the movant is entitled to judgment as a matter of law.
(b) Time to file a motion. Unless a different time is set by court order, a party may file a motion for summary judgment at any time until 30 days after the close of all discovery.
(c) 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 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.
(1) Supporting factual positions. A party asserting that a material fact cannot be disputed, or is genuinely in issue, shall 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 issue, 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 shall 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 issue 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.
End

Amendment History

The current West Virginia Rules of Civil Procedure took effect January 1, 2025, as part of a rewrite that modernized the rules’ numbering and structure. West Virginia 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 January 1, 2025 update; for the underlying adopting order and any later amendments, see the West Virginia Judiciary’s compiled rules page.

Plain-English Summary

Not every case needs a trial to decide it. Rule 56 lets a party ask the court to rule as a matter of law, on a whole claim or defense or just part of one, whenever the record shows no genuine dispute over a fact that matters to the outcome. Absent a different deadline the court sets, a party can move for summary judgment any time up to 30 days after discovery closes.

Getting there takes real work from both sides. A party asserting that a fact is or isn't in dispute has to point to specific parts of the record — depositions, documents, affidavits, admissions, interrogatory answers — or show that the cited materials don't settle the question, or that the other side can't produce admissible evidence to support it. A party can object that cited material couldn't be presented in admissible form at trial, and the court generally only has to consider material the parties cite, though it can look further if it wants. If a party doesn't properly support or dispute a fact, the court can give it another chance, treat the fact as undisputed, grant summary judgment based on what's undisputed, or issue some other order.

If the nonmoving party can't yet marshal the facts it needs to oppose the motion, an affidavit or declaration explaining why lets the court defer or deny the motion, allow more time or discovery, or fashion another appropriate order. And the court isn't limited to what the parties ask for: after notice and a chance to respond, it can grant summary judgment for the party that didn't move for it, grant it on grounds nobody raised, or take up summary judgment on its own once it flags the facts it thinks aren't in dispute.

Even a motion that doesn't dispose of the whole case can still narrow it — the court can identify undisputed facts (including how much of the damages aren't contested) and treat them as established going forward. And a court that finds an affidavit or declaration was submitted in bad faith or just to cause delay can order the submitting party to cover the other side's resulting expenses, including attorney fees, on top of contempt or other sanctions.

Frequently Asked Questions

What has to be true for a court to grant summary judgment?

The movant has to show there's no genuine issue as to any material fact and that it's entitled to judgment as a matter of law.

How long do I have to file a motion for summary judgment?

Absent a different court-ordered deadline, any time until 30 days after the close of all discovery.

What happens if I need more time or discovery to respond to a summary judgment motion?

File an affidavit or declaration explaining why you can't yet present the facts needed to oppose it, and the court can defer or deny the motion, allow more time for discovery, or issue another appropriate order.

Can a court grant summary judgment for a party that didn't even ask for it?

Yes, after giving notice and a reasonable time to respond, the court can grant summary judgment for a nonmovant or on grounds no party raised.

Source & verification. The rule text is reproduced verbatim from the official West Virginia Rules of Civil Procedure (W. Va. R. Civ. P. 56). Prescribed by the Supreme Court of Appeals of West Virginia (W. Va. Const. art. VIII, § 3). The plain-English summary is original and written by us. Last verified July 8, 2026. · Official source
Also known as: summary judgmentmotion for summary judgmentMSJgenuine issue of material factno genuine dispute