United States · Federal civil procedure
When can a federal civil party file a summary judgment motion?
Unless a local rule or court order sets another time, Rule 56(b) permits a summary judgment motion at any time until 30 days after all discovery closes.
- Period
- 30 calendar days
- Trigger
- The close of all discovery
- Rule
- FRCP 56(b)
December 1, 2025 compilation
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Which date starts this period?
Identify when all discovery closed. Finishing one deposition does not establish that event while other discovery remains open.
Rule 56(b) creates an outer filing limit. It permits a motion earlier and does not require waiting until discovery closes.
Check the scheduling order and district rules first. Rule 56(b) expressly allows them to set a different time.
FRCP 56(b)How is the 30-day period counted?
- Use the close of all discovery, not one deposition or one category of discovery.
- Exclude that day.
- Count 30 calendar days.
- A final Saturday, Sunday or legal holiday carries the period to the next day that is not. Check additional state holidays and clerk inaccessibility.
The 30 days set the default outer limit. They do not determine a response or reply deadline or whether the motion meets the substantive standard.
FRCP 6(a)(1)What does a worked calculation look like?
Fictitious example
All discovery closed on August 3 and no different local rule or order applies. August 4–31 supplies 28 days. September 1 and 2 supply the remaining two. Day 30 is Wednesday, September 2.
| Step | What is counted | Date |
|---|---|---|
| Trigger | The close of all discovery | August 3, 2026 |
| Count | 30 calendar days after the trigger | September 2, 2026 |
Fictitious dates. No additional state holiday, closure or different case order is assumed.
Try these dates in the calculatorCan an exception or order change the deadline?
- Local rule or order
- Rule 56(b) yields to a different time set by local rule or court order. A scheduling-order date controls when it replaces the default.
- Essential facts unavailable
- Rule 56(d) permits specified relief when the nonmovant explains by affidavit or declaration why essential opposing facts cannot be presented.
- Partial summary judgment
- Rule 56(a) permits a motion addressing a claim, defense or part of either. Its timing remains subject to Rule 56(b) and the governing order.
- This page does not decide whether discovery is complete, assess the motion’s merits, infer a modified scheduling order or compute an opposition deadline.
What should I check before acting?
Common questions
The procedure and starting event
Must I wait until discovery closes to file?
No. Rule 56(b) permits filing at any time until its default outer limit, unless a local rule or court order sets another time.
FRCP 56(a), (b) and (c)Does the last deposition automatically start these 30 days?
Only if all discovery has closed. Rule 56(b) identifies the close of all discovery, not the completion of one discovery task.
FRCP 56(a), (b) and (c)What if the scheduling order gives another motion date?
Rule 56(b) expressly yields to a different time set by court order or local rule. Use that actual date rather than the default calculation.
FRCP 56(a), (b) and (c)Exceptions and completion
Can the motion address part of a claim?
Yes. Rule 56(a) permits a motion identifying a claim, defense or part of either for summary judgment.
FRCP 56(a), (b) and (c)Does this calculate the opposition deadline?
No. Rule 56(b) supplies the time to file the motion. This preset does not determine a response or reply timetable.
FRCP 56(a), (b) and (c)What can a nonmovant do when essential facts are unavailable?
Rule 56(d) allows the court to defer consideration, deny the motion, allow time for discovery or issue another appropriate order after the required affidavit or declaration.
FRCP 56(d)Do intermediate weekends count?
Rule 6(a)(1)(B) counts all intermediate days, including Saturdays, Sundays and legal holidays. Its final-day rollover is separate.
FRCP 6(a)(1)What if the clerk’s office is inaccessible on a filing deadline?
Unless the court orders otherwise, Rule 6(a)(3)(A) extends a filing deadline to the first accessible day that is not a Saturday, Sunday or legal holiday.
FRCP 6(a)(1), (3), (4) and (6)Official sources and review
Provisions used (4)
| Provision | Purpose |
|---|---|
| Rule 56(a)–(d) | Motion scope, default filing limit, supporting facts and unavailable evidence |
| Rule 56(d), continued | Relief when essential facts cannot be presented |
| FRCP 6(a)(1) | Trigger-day exclusion and intermediate calendar days |
| FRCP 6(a)(1), (3), (4) and (6) | Final-day rollover, holidays, clerk inaccessibility and filing cutoff |