Oklahoma § 12-2056 - Motions for summary judgment

§ 12-2056. Motions for summary judgment

A. BY A CLAIMING PARTY. A party claiming relief may move, with

or without supporting affidavits, for summary judgment on all or

part of the claim. The motion may be filed at any time after twenty

(20) days have passed from commencement of the action or the

opposing party serves a motion for summary judgment.

B. BY A DEFENDING PARTY. A party against whom relief is sought

may move at any time, with or without supporting affidavits, for

summary judgment on all or part of the claim.

C. PROCEEDINGS. The judgment sought should be rendered if the

pleadings, the discovery and disclosure materials on file, and any

affidavits show that there is no genuine issue as to any material

fact and that the movant is entitled to judgment as a matter of law.

D. CASE NOT FULLY ADJUDICATED ON THE MOTION. If summary

judgment is not rendered on the whole action, the court should, to

the extent practicable, determine what material facts are not

genuinely at issue. The court should so determine by examining the

pleadings and evidence before it and by interrogating the attorneys.

It should then issue an order specifying what facts, including items

of damages or other relief, are not genuinely at issue. The facts

so specified must be treated as established in the action. An

interlocutory summary judgment may be rendered on liability alone,

even if there is a genuine issue on the amount of damages.

E. AFFIDAVITS AND FURTHER TESTIMONY. A supporting or opposing

affidavit must be made on personal knowledge, set out facts that

would be admissible in evidence, and show that the affiant is

competent to testify on the matters stated. If a paper or part of a

paper is referred to in an affidavit, a sworn or certified copy must

be attached to or served with the affidavit. The court may permit

an affidavit to be supplemented or opposed by depositions, answers

Oklahoma Statutes - Title 12. Civil Procedure

to interrogatories, or additional affidavits. When a motion for

summary judgment is properly made and supported, an opposing party

may not rely merely on allegations or denials in its own pleading;

rather, its response must, by affidavits or as otherwise provided in

this rule, set out specific facts showing a genuine issue for trial.

If the opposing party does not so respond, summary judgment should,

if appropriate, be entered against that party.

F. WHEN AFFIDAVITS ARE UNAVAILABLE. If a party opposing the

motion shows by affidavit that, for specified reasons, it cannot

present facts essential to justify its opposition, the court may

deny the motion, order a continuance to enable affidavits to be

obtained, depositions to be taken, or other discovery to be

undertaken or issue any other just order.

G. AFFIDAVITS SUBMITTED IN BAD FAITH. If satisfied that an

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

delay, the court must order the submitting party to pay the other

party the reasonable expenses, including attorney fees, it incurred

as a result. An offending party or attorney may also be held in

contempt.

Added by Laws 2009, c. 228, § 17, eff. Nov. 1, 2009. Amended by

Laws 2011, c. 13, § 2, eff. Nov. 1, 2011.