§56.4 Comparison with Federal Rule

• Jurisdiction: Washington

§56.4 COMPARISON WITH FEDERAL RULE

FED. R. CIV. P. 56 differs significantly from CR 56 with respect to the time periods for filing, service, and hearing of summary judgment motions:

(1)FED. R. CIV. P. 56(a) permits a motion for summary judgment by any party and establishes the standard for granting summary judgment: "no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." CR 56(a) allows the claimant to move for summary judgment after the period within which the defendant is required to appear, or service of a motion for summary judgment by the adverse party.

(2)FED. R. CIV. P. 56(b) permits any party to move for summary judgment "at any time," unless otherwise ordered by the court, until 30 days after the close of discovery. CR 56(b) allows the defending party to move for summary judgment without reference to a time period.

(3)FED...