11 Moore's Federal Practice - Civil § 56.60


Summary

  • [1] Rule 56 Default Timing Provision Allows Summary Judgment Motions as Soon as Case Commenced

    Rule 56 does not limit how early a party may move for summary judgment, stating simply, “Unless a different time is set by local rule or the court orders otherwise, a party may file a motion for summary judgment at any time until 30 days after the close of all discovery.”1Link to the text of the note In theory, and if not constrained by local rules or court orders (see § 56.61), a party may move for summary judgment as soon as the action is filed.2Link to the text of the note However, if the motion is ...