Summary judgment

(2009) The amendment will allow for summary judgment in all cases exclusive of divorce actions, actions for custody or visitation or actions for criminal contempt. (2003) The amendment to Rule 56(h) deletes the phrase “on file” from the first sentence in recognition that discovery documents are generally no longer filed separately with the court. See Rule 5(d)(2). The previous reference to admissions has also been replaced by a reference to “responses to requests for admission under Rule 36.” (2000) As originally promulgated, rule 56(b) did not require the party opposing a motion for summary judgment to file an affidavit. Rather, it required the opposing party to reproduce the itemized facts contained in the “Affidavit of Undisputed Facts” and admit those facts which were undisputed and deny those which were disputed. The amendment to rule 56(b) rectifies this problem by requiring the party opposing the motion for summary judgment to file and serve, no later than three (3) days before the time fixed for the hearing, an affidavit reproducing the itemized facts contained in the “Affidavit of Undisputed Facts.” (1997) Rule 56 introduces summary judgment for the first time to domestic relations procedure. The rule allows a party to move for summary judgment in actions for modification and actions to modify or enforce a foreign judgment. Rule 56(h) allows summary judgment only if 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.” Rule 56(a) requires that each motion for summary judgment be accompanied by an “Affidavit of Undisputed Facts” which sets forth the material facts relied upon in support of the motion. If the moving party fails to file and serve the affidavit, the summary judgment motion will be denied. The party opposing the motion for summary judgment shall reproduce the “Affidavit of Undisputed Facts” and shall admit those facts which are undisputed and deny those which are disputed. The opposing party has the option of filing an “Affidavit of Disputed Facts” enumerating all additional material facts where there is a genuine issue which would preclude summary judgment. Rule 56 allows parties to jointly file a statement of stipulated facts. If they do so, they may state that the stipulation is only for the purpose of the motion for summary judgment and is not intended to be otherwise binding. The rule also allows the judge to order the parties to meet and submit a joint statement of undisputed facts. Sections (e), (f) and (g) of Rule 56 address the form of the affidavits, when an affidavit is not available, and sanctions for falsely made affidavits.