Important: This tool provides deadline calculations based on published court rules. Results are not legal advice. Always verify deadlines with the applicable court rules and consult with counsel when in doubt.

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FRCP 56 Summary Judgment Requirements

Essential elements and timing requirements for federal summary judgment practice

Motion Requirements (FRCP 56(c))

• Statement of undisputed material facts
• Supporting affidavits and evidence
• Legal memorandum with standard application
• Certificate of compliance with page limits
• Proper service on all parties

Response Requirements

• Response to statement of facts
• Counter-statement of disputed facts
• Supporting evidence and affidavits
• Opposition brief addressing legal standard
• Cross-motion if applicable

Timing Deadlines

• Motion: Until 30 days after discovery close
• Response: 21 days after service (FRCP 56(c))
• Reply: Typically 14 days (local rules vary)
• Hearing: 30-60 days after briefing complete

Evidence Standards

• Must cite specific record evidence
• Affidavits must be based on personal knowledge
• Documents must be authenticated
• Expert reports must comply with discovery rules

State Court Variations

California Summary Judgment (CCP § 437c)

Motion must be heard at least 30 days before trial. Notice of motion due 75 days before hearing (longer if service by mail). Separate statement of undisputed facts required.

New York Summary Judgment (CPLR 3212)

Motion can be made after issue is joined. Must be supported by affidavit, deposition testimony, or other evidence. Court may grant partial summary judgment.

Texas Summary Judgment (TRCP 166a)

Motion must be filed at least 21 days before hearing. Response due 7 days before hearing. Traditional and no-evidence summary judgment variants available.

Florida Summary Judgment (FRCP 1.510)

Motion may be served after 20 days from commencement or after service of motion by adverse party. Response due 20 days after service of motion.

Strategic Considerations & Best Practices

Motion Strategy

• Complete discovery before filing motion
• Focus on absence of genuine fact disputes
• Consider partial summary judgment options
• Coordinate with dispositive motion practice
• Plan for potential appeal if denied

Response Strategy

• Identify genuine issues of material fact
• Challenge admissibility of opponent's evidence
• Present counter-evidence through affidavits
• Consider cross-motion for summary judgment
• Request additional discovery if needed (Rule 56(d))

Evidence Preparation

• Organize evidence by undisputed fact
• Prepare authenticating affidavits
• Ensure expert testimony supports motion
• Review deposition testimony for admissions

Common Pitfalls

• Filing too early before discovery complete
• Insufficient factual support for legal arguments
• Failure to address all elements of claims
• Inadequate response to opponent's facts

Key Rules & Standards

FRCP 56 - Summary JudgmentCelotex Corp. v. Catrett StandardAnderson v. Liberty Lobby StandardMatsushita Electric Standard

Read FRCP 56 Celotex Decision

Professional Tips

Critical: Summary judgment standard requires no genuine dispute of material fact. All evidence must be viewed in light most favorable to non-movant.

Complete all necessary discovery before filing motion

Prepare detailed statement of undisputed facts

Ensure all evidence is properly authenticated

Consider filing partial summary judgment motions

Local Rule Variations

N.D. Cal.: Separate statement required, specific formatting rules

S.D.N.Y.: Statement of material facts with record citations

D.D.C.: Joint statement of undisputed facts encouraged

C.D. Cal.: Fact/law distinction in briefing format

Related Calculators

Discovery Cutoff Calculator →Motion Response Calculator →Federal Court Deadlines →

Practice Tip: Many courts require summary judgment motions to be filed within 30 days of discovery cutoff. Plan your motion strategy early.

How to Use This Calculator

Step-by-step instructions for accurate deadline calculations

Enter Motion Filing Date

Input when the summary judgment motion was filed or when you plan to file. FRCP 56(b) allows filing any time until 30 days after close of discovery unless local rules specify otherwise.

Check Discovery Cutoff

Verify your discovery deadline. Most courts require summary judgment motions be filed within 30 days of discovery cutoff, and all supporting evidence must be available.

Calculate Response Deadline

Under FRCP 56(c), responses are due 21 days after service of the motion. This includes opposition brief, counter-statement of facts, and supporting evidence.

Plan Reply Brief Timing

Reply briefs are typically due 14 days after the response, though local rules vary. Focus on addressing opposition arguments and new evidence presented.

Schedule Hearing Date

Many courts schedule hearings 30-60 days after briefing is complete. Some courts decide summary judgment motions on the papers without oral argument.

Prepare Supporting Materials

Organize admissible evidence, prepare statement of undisputed facts, and ensure all discovery supporting your motion is complete and properly authenticated.