Motion for Partial Summary Judgment

When the motion for partial summary judgment is used

Timing: after enough discovery to show there is no genuine dispute on the issue, and within the deadline in Rule 56(b) or the scheduling order. Dispositive motions ask the court to decide all or part of a case without a full trial. They usually follow discovery.

What the rule requires

• Rule 56(a) lets a party 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 it 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, and the court should state on the record the reasons for granting or denying the motion (Rule 56(a)).
• If the court does not grant all the relief requested, it may enter an order stating any material fact, including an item of damages or other relief, that is not genuinely in dispute and treating that fact as established in the case (Rule 56(g)).
• Unless a different time is set by local rule or the court orders otherwise, the motion may be filed at any time until 30 days after the close of all discovery (Rule 56(b)).

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 56(a), 56(b), 56(g) online. Also, the federal judiciary publishes the current rules and recent amendments.

The motion for partial summary judgment in state court

This page covers the federal version. In state court, the motion for partial summary judgment may have a different name, a different deadline or a different form. For example, a state may count days differently or require a separate notice. So start with your state’s rules of civil procedure, then check the local rules. Our state procedures guide links to the official rules for every state and DC.

Related procedures

Similarly, these procedures often come up alongside it:

• Motion for Summary Judgment: a motion asserting there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.
• Request to Defer Summary Judgment for More Discovery: a request, supported by affidavit or declaration, explaining that the nonmovant cannot yet present facts essential to justify its opposition.
• Motion for Judgment on the Pleadings: a motion asking for judgment based only on the pleadings.

Before you rely on this page

First, read the current text of the rule. After that, check your court’s local rules and any standing order from the judge. In addition, look at recent decisions from your own court. They show how judges apply the rule in practice. For advice about your own case, speak with a licensed attorney, for example through our directory.

State court procedure for this filing

The federal rule above applies in federal court. In state court, the same filing is governed by that state's own rules of civil procedure, statutes and local court rules. Many states model their rules on the Federal Rules of Civil Procedure, so the requirements are often similar, but names, numbers, deadlines and forms can differ. Always use the version that applies to the court where your case is filed.

Examples from the largest state court systems

Each state citation was checked against the rule or code text (official source or a published copy) on October 24, 2026. Rules are amended often, so confirm the current version on the state's official site below.

Find the rule in your state

In your state's rules, look for the rule on motion for partial summary judgment. In states that number their rules like the federal rules, it is often the same rule number as the federal rule.