Utah Rule Civil Procedure 56 - Summary Judgment

Under the Rule 56 of the Utah Rules of Civil Procedure, a motion for summary judgment is appropriate when there are no genuine issues of material fact.  In other words, when there is no dispute over the material facts relating to a civil law suit, but the parties disagree as to how the law should apply to those facts, a judge may make a ruling prior to trial that can end the case.  Used appropriately, a Utah motion for summary judgment can help reduce the time and expense involved in a civil suit.

In order to support a motion for summary judgment under Utah law, the party making the motion must demonstrate that there are sufficient undisputed facts to establish that a judgment as a matter of law is appropriate.  The facts supporting the motion for summary judgment must be apparent from the pleadings, depositions, answers to interrogatories, and admissions filed with the court.  In some cases, additional affidavits may be necessary to establish the facts supporting a motion for summary judgment.

If a party is opposing a motion for summary judgment in a Utah civil lawsuit, that party cannot merely rely on the allegations or denials that were made in the initial complaint or answer.  Instead, the opposing party must respond by presenting affidavits or other forms of evidence that demonstrate that there is an actual dispute as to facts that are material to the case.  Under Rule 7 of the Utah Rules of Civil Procedure, any fact set forth by the party making the motion will be deemed admitted for purposes of summary judgment unless it is controverted by the opposing party.

If you are involved in litigation in Utah, our experienced Utah attorneys can help determine how a motion for summary judgment can be an effective part of your litigation strategy.

Find out more about the Utah Rules of Civil Procedure, or contact Stephen Howard now to schedule an initial consultation.