W.R.C.P. 56

(a) Motion for Summary Judgment or Partial Summary Judgment. — A

party may move for summary judgment, identifying each claim or defense —

or the part of each claim or defense — on which summary judgment is sought.

The court shall grant summary judgment if the movant shows that there is no

genuine dispute as to any material fact and the movant is entitled to judgment

as a matter of law. The court should state on the record the reasons for

granting or denying the motion.

(b) Time to File a Motion. — Unless a different time is set by court order

otherwise, a party may file a motion for summary judgment at any time.

(c) Procedures. —

(1) Supporting Factual Positions. — A party asserting that a fact cannot

be or is genuinely disputed must support the assertion by:

(A) citing to particular parts of materials in the record, including

depositions, documents, electronically stored information, affidavits or

declarations, stipulations (including those made for purposes of the

motion only), admissions, interrogatory answers, or other materials; or

(B) showing that the materials cited do not establish the absence or

presence of a genuine dispute, or that an adverse party cannot produce

admissible evidence to support the fact.

(2) Objection That a Fact Is Not Supported by Admissible Evidence. — A

party may object that the material cited to support or dispute a fact cannot

be presented in a form that would be admissible in evidence.

(3) Materials Not Cited. — The court need consider only the cited

materials, but it may consider other materials in the record.

(4) Affidavits or Declarations. — An affidavit or declaration used to

support or oppose a motion must be made on personal knowledge, set out

facts that would be admissible in evidence, and show that the affiant or

declarant is competent to testify on the matters stated.

(d) When Facts are Unavailable to the Nonmovant. — If a nonmovant shows

by affidavit or declaration that, for specified reasons, it cannot present facts

essential to justify its opposition, the court may:

(1) defer considering the motion or deny it;

(2) allow time to obtain affidavits or declarations or to take discovery; or

(3) issue any other appropriate order.

(e) Failing to Properly Support or Address a Fact. — If a party fails to

properly support an assertion of fact or fails to properly address another

party’s assertion of fact as required by Rule 56(c), the court may:

(1) give an opportunity to properly support or address the fact;

(2) consider the fact undisputed for purposes of the motion;

(3) grant summary judgment if the motion and supporting materials —

including the facts considered undisputed — show that the movant is

entitled to it; or

(4) issue any other appropriate order.

(f) Judgment Independent of the Motion. — After giving notice and a

reasonable time to respond, the court may:

(1) grant summary judgment for a nonmovant;

(2) grant the motion on grounds not raised by a party; or

(3) consider summary judgment on its own after identifying for the

parties material facts that may not be genuinely in dispute.

(g) Failing to Grant All the Requested Relief. — If the court does not grant

all the relief requested by the motion, it may enter an order stating any

material fact — including an item of damages or other relief — that is not

genuinely in dispute and treating the fact as established in the case.

(h) Affidavit or Declaration Submitted in Bad Faith. — If satisfied that an

affidavit or declaration under this rule is submitted in bad faith or solely for

delay, the court — after notice and a reasonable time to respond — may order

the submitting party to pay the other party the reasonable expenses, including

attorney’s fees, it incurred as a result. An offending party or attorney may also

be held in contempt or subjected to other appropriate sanctions.