Rules of Civil Procedure

• Federal and state rules of civil procedure outline the process for motions for summary judgment. Summary judgments are only suitable for cases where there is no genuine issue as to any of the material facts in a particular case. Different rules also establish certain grounds for objecting to a motion for summary judgment.
  
  

Objecting to Motion

• Depending on the rules of civil procedure applicable in a particular jurisdiction, a recipient of a motion for summary judgment may be able to object on the basis that the motion is groundless. The recipient may also be able to object on the grounds the motion was filed in bad faith or for the purposes of harassment. A recipient with this type of objection should consult an attorney at the earliest opportunity.
  
  

Objecting to Facts

• The rules of civil procedure establish the process for filing an objection to the applicant's statement of the facts. This type of objection is called an evidentiary objection under the federal rules. These rules indicate evidentiary objections may be asserted in a response or reply memorandum. An attorney can identify the appropriate process for filing objections as to the facts in a particular jurisdiction.
  
  

Time Limits

• Time limitations are critical in legal proceedings. The rules of civil procedure establish time limitations for responding to an application for summary judgment and for filing written objections. Missing a deadline may result in the loss of opportunity to object to a motion for summary judgment, so an attorney should be consulted about applicable time limitations.
  
  

Warning

• This article is for general information purposes only; it does not constitute legal advice. For advice about the laws applicable to a specific summary judgment situation, contact an attorney.