Commercial Litigation and Arbitration

September 18, 2009

By amendment to Federal Rule of Civil Procedure 56(c), effective December 1, 2009, the current prohibition against filing a summary judgment motion until 20 days have passed from the filing of the complaint will be eliminated. A summary judgment motion will be permitted until 30 days after the close of all discovery. Rule 56(c)(1) will provide:
By amendment to Federal Rule of Civil Procedure 56(c), effective December 1, 2009, the current prohibition against filing a summary judgment motion until 20 days have passed from the filing of the complaint will be eliminated. A summary judgment motion…

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