Rule 56
E86048
Rule 56 is the provision in the U.S. Federal Rules of Civil Procedure that governs summary judgment, allowing courts to decide cases without trial when there is no genuine dispute of material fact.
Statements (49)
| Predicate | Object |
|---|---|
| instanceOf |
procedural rule
→
provision of the Federal Rules of Civil Procedure → |
| addresses |
affidavits or declarations used in summary judgment practice
→
failure to grant all the relief requested by the motion → failure to properly support or address a fact → judgment independent of the motion → material facts not genuinely in dispute → procedures for supporting and opposing summary judgment → time to file a motion for summary judgment → |
| appliesIn |
diversity jurisdiction cases in federal court
→
federal question cases in federal court → |
| appliesTo |
civil actions in U.S. federal courts
→
claims → counterclaims → crossclaims → defenses → |
| burdenOfProof |
burden shifts to nonmovant to show specific facts demonstrating a genuine issue for trial
→
initial burden on movant to show absence of genuine dispute of material fact → |
| conditionForApplication |
movant is entitled to judgment as a matter of law
→
no genuine dispute as to any material fact → |
| doesNotRequire | court to accept conclusory allegations without evidentiary support → |
| governs | summary judgment → |
| influences | summary judgment standards applied by U.S. federal appellate courts → |
| interpretedBy |
United States courts of appeals
→
surface form: "U.S. Courts of Appeals"
Supreme Court of the United States →
surface form: "U.S. Supreme Court"
|
| jurisdiction | United States federal courts NERFINISHED → |
| legalEffect | allows courts to enter judgment without a full trial → |
| legalNature | rule of civil procedure rather than a substantive law rule → |
| partOf |
United States Federal Rules of Civil Procedure
→
surface form: "Federal Rules of Civil Procedure"
|
| permits |
court to consider a fact undisputed for purposes of the motion
→
court to consider materials in the record not cited by the parties → court to consider summary judgment on its own after notice and a reasonable time to respond → court to give an opportunity to properly support or address a fact → court to grant summary judgment for a nonmovant → court to grant summary judgment if the motion and supporting materials show entitlement → court to grant summary judgment on grounds not raised by a party → court to issue any appropriate order when a party fails to support or address a fact → partial summary judgment → summary judgment on liability alone → summary judgment on part of a claim or defense → |
| purpose | to avoid unnecessary trials where no genuine dispute of material fact exists → |
| requires |
affidavits or declarations to be made on personal knowledge
→
affidavits or declarations to set out facts that would be admissible in evidence → affidavits or declarations to show that the affiant or declarant is competent to testify → citation to particular parts of materials in the record → notice and reasonable time to respond before granting summary judgment on grounds not raised → support for factual positions by materials such as depositions, documents, affidavits, or declarations → |
| standard | court must draw all reasonable inferences in favor of the nonmoving party → |
| standardOfReview | no genuine dispute of material fact viewed in light most favorable to nonmovant → |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.