{"data":{"id":"us-ok/okla.-stat.-tit.-12-12-2056","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 12, § 12-2056","heading":"Motions for summary judgment","body":"A. BY A CLAIMING PARTY. A party claiming relief may move, with\n\nor without supporting affidavits, for summary judgment on all or\n\npart of the claim. The motion may be filed at any time after twenty\n\n(20) days have passed from commencement of the action or the\n\nopposing party serves a motion for summary judgment.\n\nB. BY A DEFENDING PARTY. A party against whom relief is sought\n\nmay move at any time, with or without supporting affidavits, for\n\nsummary judgment on all or part of the claim.\n\nC. PROCEEDINGS. The judgment sought should be rendered if the\n\npleadings, the discovery and disclosure materials on file, and any\n\naffidavits show that there is no genuine issue as to any material\n\nfact and that the movant is entitled to judgment as a matter of law.\n\nD. CASE NOT FULLY ADJUDICATED ON THE MOTION. If summary\n\njudgment is not rendered on the whole action, the court should, to\n\nthe extent practicable, determine what material facts are not\n\ngenuinely at issue. The court should so determine by examining the\n\npleadings and evidence before it and by interrogating the attorneys.\n\nIt should then issue an order specifying what facts, including items\n\nof damages or other relief, are not genuinely at issue. The facts\n\nso specified must be treated as established in the action. An\n\ninterlocutory summary judgment may be rendered on liability alone,\n\neven if there is a genuine issue on the amount of damages.\n\nE. AFFIDAVITS AND FURTHER TESTIMONY. A supporting or opposing\n\naffidavit must be made on personal knowledge, set out facts that\n\nwould be admissible in evidence, and show that the affiant is\n\ncompetent to testify on the matters stated. If a paper or part of a\n\npaper is referred to in an affidavit, a sworn or certified copy must\n\nbe attached to or served with the affidavit. The court may permit\n\nan affidavit to be supplemented or opposed by depositions, answers\n\nto interrogatories, or additional affidavits. When a motion for\n\nsummary judgment is properly made and supported, an opposing party\n\nmay not rely merely on allegations or denials in its own pleading;\n\nrather, its response must, by affidavits or as otherwise provided in\n\nthis rule, set out specific facts showing a genuine issue for trial.\n\nIf the opposing party does not so respond, summary judgment should,\n\nif appropriate, be entered against that party.\n\nF. WHEN AFFIDAVITS ARE UNAVAILABLE. If a party opposing the\n\nmotion shows by affidavit that, for specified reasons, it cannot\n\npresent facts essential to justify its opposition, the court may\n\ndeny the motion, order a continuance to enable affidavits to be\n\nobtained, depositions to be taken, or other discovery to be\n\nundertaken or issue any other just order.\n\nG. AFFIDAVITS SUBMITTED IN BAD FAITH. If satisfied that an\n\naffidavit under this rule is submitted in bad faith or solely for\n\ndelay, the court must order the submitting party to pay the other\n\nparty the reasonable expenses, including attorney fees, it incurred\n\nas a result. An offending party or attorney may also be held in\n\ncontempt.","path":["OK Code","Title 12"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os12.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"519a2e71f6130776f9e1cd7297827a2c1d338157aac743241fbaf4e37984ff72","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-12-12-2027","next":"us-ok/okla.-stat.-tit.-12-12-2101"},"notice":"GroundRules: Original legal text. Not legal advice."}