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NRCP Rule 56
RULE 56. SUMMARY JUDGMENT
(a) For Claimant. A party seeking to recover
upon a claim, counterclaim, or cross-claim or to obtain a declaratory judgment
may, at any time after the expiration of 20 days from the commencement of the
action or after service of a motion for summary judgment by the adverse party,
move with or without supporting affidavits for a summary judgment in his favor
upon all or any part thereof.
(b) For Defending Party. A party against whom a
claim, counterclaim, or cross-claim is asserted or a declaratory judgment is
sought may, at any time, move with or without supporting affidavits for a
summary judgment in his favor as to all or any part thereof.
(c) Motion and Proceedings Thereon. The motion
shall be served at least 10 days before the time fixed for the hearing. The
judgment sought shall be rendered forthwith if the pleadings, depositions,
answers to interrogatories, and admissions on file, together with the
affidavits, if any, show that 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. A
summary judgment, interlocutory in character, may be rendered on the issue of liability
alone although there is a genuine issue as to the amount of damages.
(d) Case Not Fully Adjudicated on Motion. If on
motion under this rule judgment is not rendered upon the whole case or for all
the relief asked and a trial is necessary, the court at the hearing of the
motion, by examining the pleadings and the evidence before it and by
interrogating counsel, shall if practicable ascertain what material facts exist
without substantial controversy and what material facts are actually and in
good faith controverted. It shall thereupon make an order specifying the facts
that appear without substantial controversy, including the extent to which the
amount of damages or other relief is not in controversy, and directing such
further proceedings in the action as are just. Upon the trial of the action the
facts so specified shall be deemed established, and the trial shall be
conducted accordingly.
(e) Form of Affidavits; Further Testimony; Defense
Required. Supporting and opposing affidavits shall be made on personal
knowledge, shall set forth such facts as would be admissible in evidence, and
shall show affirmatively that the affiant is competent to testify to the
matters stated therein. Sworn or certified copies of all papers or parts
thereof referred to in an affidavit shall be attached thereto or served
therewith. The court may permit affidavits to be supplemented or opposed by
depositions, answers to interrogatories, or further affidavits. When a motion
for summary judgment is made and supported as provided in this rule, an adverse
party may not rest upon the mere allegations or denials of his pleading, but
his response, by affidavits or as otherwise provided in this rule, must set
forth specific facts showing that there is a genuine issue for trial. If he
does not so respond, summary judgment, if appropriate, shall be entered against
him.
(f) When Affidavits Are Unavailable. Should it
appear from the affidavits of a party opposing the motion that he cannot for
reasons stated present by affidavit facts essential to justify his opposition,
the court may refuse the application for judgment or may order a continuance to
permit affidavits to be obtained or depositions to be taken or discovery to be
had or may make such other order as is just.
(g) Affidavits Made in
Bad Faith. Should it appear to the satisfaction of the court at any time
that any of the affidavits presented pursuant to this rule are presented in bad
faith or solely for the purpose of delay, the court shall forthwith order the
party employing them to pay to the other party the amount of the reasonable expenses
which the filing of the affidavits caused him to incur, including reasonable
attorney’s fees, and any offending party or attorney may be adjudged guilty of
contempt.
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*** Any rule can change at any time - This rule may have been amended ***
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