Fed. R. Civ. P. 56 — Summary Judgment
Last verified: May 19, 2026 · U.S. Courts — FRCP.
Rule Text — Key Provisions
(a) Motion for summary judgment or partial summary judgment. A party may move 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 there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.
(b) Time to file. Unless a different time is set by local rule or the court orders otherwise, a party may file at any time until 30 days after the close of all discovery.
(c)(1) Supporting factual positions. Each fact must be supported by: (A) citing particular parts of materials in the record (depositions, documents, ESI, affidavits, declarations, stipulations, admissions, interrogatory answers, or other materials); or (B) showing that materials cited do not establish the absence/presence of a genuine dispute, or that the adverse party cannot produce admissible evidence.
(d) When facts are unavailable. If a nonmovant shows by affidavit that, for specified reasons, it cannot present essential facts to oppose, court may defer or deny the motion, allow time for discovery, or issue any other appropriate order.
Full text: law.cornell.edu/rules/frcp/rule_56.
Plain English
Summary judgment is where most federal cases end. Rule 56 says: when there’s no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law, the case is over — no jury, no trial, just the judge. The moving party doesn’t have to disprove the other side; under Celotex, it only has to point out the absence of evidence on an essential element.
Rule 56(c) is strict: each disputed fact must be supported by a specific citation to the record — page and line. Conclusory affidavits and speculation lose.
Key Cases & Authority
- Celotex Corp. v. Catrett, 477 U.S. 317 (1986) — The defendant moving for summary judgment doesn’t have to negate the plaintiff’s claims; it can point out that the plaintiff has no evidence to support an essential element. Burden shifts.
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986) — Defined “genuine” dispute: evidence on which a reasonable jury could find for the non-movant. Speculation and conclusory affidavits are not enough.
- Matsushita Electric Industrial Co. v. Zenith Radio Corp., 475 U.S. 574 (1986) — Third leg of the Celotex trilogy. When the inference plaintiff wants the jury to draw is economically implausible, summary judgment becomes more likely.
- Scott v. Harris, 550 U.S. 372 (2007) — Where the record blatantly contradicts the plaintiff’s version (e.g., video evidence), court need not adopt the plaintiff’s version at summary judgment.
- Tolan v. Cotton, 572 U.S. 650 (2014) — Reaffirmed that on summary judgment courts must view evidence in light most favorable to non-movant. Important counterweight to Scott v. Harris.
Florida Parallel
Fla. R. Civ. P. 1.510 — Florida adopted the federal standard in 2021, but federal judges apply Celotex more rigorously than most Florida courts. Same words, harder bar in federal.
About this rule walkthrough
Part of The Federal Rule Book, hosted by John M. Phillips — Board Certified Civil Trial Lawyer, Court TV analyst, admitted in 8 states + 9 federal districts + SCOTUS.
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Educational only — not legal advice.
Rule Text (verbatim from the Florida Supreme Court)
(a) A party may move 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 dispute as to any material fact and the movant is entitled to judgment as a matter of law.
(b) Unless a different time is set by local rule or the court orders otherwise, a party may file at any time until 30 days after the close of all discovery.
(c)(1) Each fact must be supported by: (A) citing particular parts of materials in the record (depositions, documents, ESI, affidavits, declarations, stipulations, admissions, interrogatory answers, or other materials); or (B) showing the materials cited do not establish the absence/presence of a genuine dispute, or that the adverse party cannot produce admissible evidence to support the fact.
(d) If a nonmovant shows by affidavit that, for specified reasons, it cannot present essential facts to oppose, court may defer or deny the motion, allow time to take discovery, or issue any other appropriate order.
Educational reference. This page summarizes a Federal Rule of Civil Procedure for educational purposes. It is not legal advice. Federal procedural rules can change — always verify the current text at uscourts.gov before relying on this summary in any case.
What this rule means in plain English
Summary judgment is where most federal cases end. Rule 56 lets a defendant force the plaintiff to produce evidence on every essential element — page-and-line citations required. The Celotex trilogy (Celotex, Anderson v. Liberty Lobby, Matsushita) makes the bar real. Federal SJ is significantly harder to survive than Florida state SJ.