Rule 129 - Motion for Summary Judgmenta.Parties who may file a motion for summary judgment. Any party who has filed a claim, counterclaim, cross-claim, or third-party complaint, or any party against whom such a claim has been made, may file a motion requesting the court to enter judgment in the party's favor without a trial. [ARCP 56(a), (b)] b.Time for filing a summary judgment motion, response, and reply. A party may file a motion for summary judgment no sooner than the date that the answer is filed or is due, and no later than ninety (90) days before the date set for trial. A party's response to the motion must be filed within thirty (30) days after the motion has been served. The moving party may file a reply to the response within fifteen (15) days after the response is served, but a reply is not required. [ARCP 56(c)] c.Content of a summary judgment motion or a response; required notice. A summary judgment motion must include: (1) A statement of facts, with each of the facts stated separately in numbered paragraphs or numbered sentences. A statement of facts must be supported by affidavits, exhibits, or other material that establishes each fact by admissible evidence.(2) A memorandum of law that summarizes the issues, provides legal authority in support of the motion, and describes why the judge should grant the motion. A party who files a motion for summary judgment must include the following notice at the beginning of the motion:
"This motion asks the judge to rule against you without holding a trial. You have a right to file a written response to this motion. Your response must be filed within thirty (30) days from the date this motion was served. Your response to the motion must include:
(1)" A statement of facts, with each of the facts stated separately in numbered paragraphs or numbered sentences. A statement of facts must be supported by affidavits, exhibits, or other material that establishes each fact by admissible evidence. It is not enough for you to simply deny facts. You must present evidence that shows a genuine dispute of the facts.(2)" A memorandum of law that summarizes the issues, provides legal authority in support of your position, and describes why the judge should deny the motion." Notwithstanding Rule 128(e), the failure to file a response by a party who does not have the burden of proof on a claim or defense is not a sufficient basis for granting a summary judgment motion. [ARCP 56(c), (e)]
d.Summary judgment proceedings. The judge may rule on a motion for summary judgment with or without a hearing. The court will set a time for hearing if a party makes a timely request for a hearing; however, the court does not need to set a hearing if the judge determines that the motion should be denied, or if the motion is uncontested. The court may also set a hearing even if no party requests one. The judge may grant a summary judgment motion if the record before the court shows that there is no genuine issue as to a material fact, and that the moving party is entitled to judgment as a matter of law. The judge may grant the motion completely or partially. If the motion is partially granted, the judge will advise the parties of the issues that remain undecided, and it will set those issues for trial. The judge may grant a summary judgment motion on the issue of liability only if there is a genuine issue regarding the amount of damages. [ARCP 56(c), (d)] e.Affidavits. Affidavits must meet the requirements of Rule 109(d). Affidavits in support of or opposing a summary judgment motion must be based on personal knowledge and must contain only facts that would be admissible as evidence at trial under the Arizona Rules of Evidence. If a party opposing a summary judgment motion cannot obtain affidavits or exhibits within the time allowed for filing a response to the motion, the opposing party may ask the court for more time to respond by stating the reasons why additional time is required. The judge may impose a penalty on a party who submits an affidavit in bad faith, or who files an affidavit only to delay the lawsuit. [ARCP 56(e)-(g)] Just. Ct. R. Civ. proc. 129
Adopted Aug. 30, 2012, effective 1/1/2013.