Commercial Litigation and Arbitration

Effective 12/1/09, Immediate Summary Judgment Motions Permitted in Federal Court

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:

(1) These times apply unless a different time is set by local rule or the court orders otherwise.

(A) a party may move for summary judgment at any time until 30 days after the close of all discovery;

(B) a party opposing the motion must file a response within 21 days after the motion is served or a responsive pleading is due, whichever is later; and

(C) the movant may file a reply within 14 days after the response is served.

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