Opposition (to a Motion)

When the opposition is used

Timing: after a motion is served, by the deadline in the local rules or the court's 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

• Except as Rule 59(c) provides otherwise, any opposing affidavit must be served at least 7 days before the hearing, unless the court permits service at another time (Fed. R. Civ. P. 6(c)(2)).
• In opposing summary judgment, a party asserting that a fact is genuinely disputed must support the assertion by citing particular parts of materials in the record, or by showing that the materials cited do not establish the absence or presence of a genuine dispute, or that an adverse party cannot produce admissible evidence to support the fact (Fed. R. Civ. P. 56(c)(1)).
• If a party fails to properly address another party's assertion of fact, the court may, among other things, consider the fact undisputed for purposes of the motion (Fed. R. Civ. P. 56(e)(2)).
• Local rules set the deadline, page limit and format; some local rules provide that failing to file an opposition may be deemed consent to granting the motion. Check the rules of your court.

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. 6(c)(2), 56(c), 56(e); local rules online. Also, the federal judiciary publishes the current rules and recent amendments.

The opposition in state court

This page covers the federal version. In state court, the opposition 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.

Key terms

In addition, these terms come up often with this procedure:

• Memorandum: a written statement or note.

Related procedures

Similarly, these procedures often come up alongside it:

• Response (to a Motion or Petition): a written answer to a motion, petition or order, stating whether the responding party agrees, opposes or proposes something different, and why. In district courts a response to a motion is usually called an opposition; on appeal the appellee's answering brief responds to the opening brief.
• Reply (Reply Brief or Reply to an Answer): the moving party's or appellant's answer to the other side's response or opposition, limited to the points raised there. In pleadings, a "reply to an answer" is allowed only if the court orders one.
• 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.
• Motions: Form and Requirements: the general rules every written motion must follow.

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 opposition (to a motion). In states that number their rules like the federal rules, it is often the same rule number as the federal rule.