Ind. Trial Rule 56

Effective January 1, 2008

(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 twenty [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--When motion not required.

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. When any party has moved for summary

judgment, the court may grant summary judgment for any other party upon the issues raised

by the motion although no motion for summary judgment is filed by such party.

(C) Motion and proceedings thereon.

The motion and any supporting affidavits shall be served in accordance with the provisions of

Rule 5. An adverse party shall have thirty (30) days after service of the motion to serve a

response and any opposing affidavits. The court may conduct a hearing on the motion.

However, upon motion of any party made no later than ten (10) days after the response was

filed or was due, the court shall conduct a hearing on the motion which shall be held not less

than ten (10) days after the time for filing the response. At the time of filing the motion or

response, a party shall designate to the court all parts of pleadings, depositions, answers to

interrogatories, admissions, matters of judicial notice, and any other matters on which it

relies for purposes of the motion. A party opposing the motion shall also designate to the

court each material issue of fact which that party asserts precludes entry of summary judgment and the evidence relevant thereto. The judgment sought shall be rendered forthwith if

the designated evidentiary matter shows 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 may be rendered upon less than all the issues or claims, including without limitation

the issue of liability or damages alone although there is a genuine issue as to damages or liability as the case may be. A summary judgment upon less than all the issues involved in a claim

or with respect to less than all the claims or parties shall be interlocutory unless the court in

writing expressly determines that there is no just reason for delay and in writing expressly dir-

ects entry of judgment as to less than all the issues, claims or parties. The court shall designate the issues or claims upon which it finds no genuine issue as to any material facts.

Summary judgment shall not be granted as of course because the opposing party fails to

offer opposing affidavits or evidence, but the court shall make its determination from the

evidentiary matter designated to the court.

(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 not previously

self-authenticated 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. Denial of summary judgment may be challenged by a motion to correct errors

after a final judgment or order is entered.

(F) When affidavits are unavailable.

Should it appear from the affidavits of a party opposing the motion that he cannot for reas-

ons 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.

(H) Appeal-Reversal.

No judgment rendered on the motion shall be reversed on the ground that there is a genuine

issue of material fact unless the material fact and the evidence relevant thereto shall have

been specifically designated to the trial court.

(I) Alteration of Time.

For cause found, the Court may alter any time limit set forth in this rule upon motion made

within the applicable time limit.