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Rule 2-501 – Motion for Summary Judgment

May 13, 2021 | Civil Prodcedure, Maryland

(a) Motion. Any party may file a written motion for summary judgment on all or part of an action on the ground that there is no genuine dispute as to any material fact and that the party is entitled to judgment as a matter of law. The motion shall be supported by affidavit if it is (1) filed before the day on which the adverse party’s initial pleading or motion is filed or (2) based on facts not contained in the record. A motion for summary judgment may not be filed:

(A) after any evidence is received at trial on the merits, or
(B) unless permission of the court is granted, after the deadline for dispositive motions specified in the scheduling order entered pursuant to Rule 2-504(b)(1)(E).

Committee note: This Rule does not prevent the trial court from exercising its discretion during trial to entertain any motions in limine or other preclusive motions that may have the same effect as summary judgment and lead to a motion for judgment under Md. Rule 2-519. See, e.g., Univ. of Md. Medical System Corporation, et al. v. Rebecca Marie Waldt, et al., 411 Md. 207 (2009). Such a procedure avoids confusion and potential due process deprivations associated with summary judgment motions raised orally or at trial. See Beyer v. Morgan State Univ., 369 Md. 335, 359, fn. 16 (2002); see also Hanson v. Polk County Land, Inc., 608 F.2d 129, 131 (5th Cir. 1979) (allowing oral motions for summary judgment leads to confusion with each side having a different recollection of what was contended.) Requiring a written motion also insures adequate notice to all sides.

(b) Response. A response to a motion for summary judgment shall be in writing and shall (1) identify with particularity each material fact as to which it is contended that there is a genuine dispute and (2) as to each such fact, identify and attach the relevant portion of the specific document, discovery response, transcript of testimony (by page and line), or other statement under oath that demonstrates the dispute. A response asserting the existence of a material fact or controverting any fact contained in the record shall be supported by an affidavit or other written statement under oath.
(c) Form of Affidavit. An affidavit supporting or opposing a motion for summary judgment shall be made upon personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated in the affidavit.
(d) Affidavit of Defense Not Available. If the court is satisfied from the affidavit of a party opposing a motion for summary judgment that the facts essential to justify the opposition cannot be set forth for reasons stated in the affidavit, the court may deny the motion or may order a continuance to permit affidavits to be obtained or discovery to be conducted or may enter any other order that justice requires.
(e) Contradictory Affidavit or Statement.

(1) A party may file a motion to strike an affidavit or other statement under oath to the extent that it contradicts any prior sworn statement of the person making the affidavit or statement. Prior sworn statements include (A) testimony at a prior hearing, (B) an answer to an interrogatory, and (C) deposition testimony that has not been corrected by changes made within the time allowed by Rule 2-415.
(2) If the court finds that the affidavit or other statement under oath materially contradicts the prior sworn statement, the court shall strike the contradictory part unless the court determines that (A) the person reasonably believed the prior statement to be true based on facts known to the person at the time the prior statement was made, and (B) the statement in the affidavit or other statement under oath is based on facts that were not known to the person and could not reasonably have been known to the person at the time the prior statement was made or, if the prior statement was made in a deposition, within the time allowed by Rule 2-415(d) for correcting the deposition.
(f) Entry of Judgment. The court shall enter judgment in favor of or against the moving party if the motion and response show that there is no genuine dispute as to any material fact and that the party in whose favor judgment is entered is entitled to judgment as a matter of law. By order pursuant to Rule 2-602(b), the court may direct entry of judgment (1) for or against one or more but less than all of the parties to the action, (2) upon one or more but less than all of the claims presented by a party to the action, or (3) for some but less than all of the amount requested when the claim for relief is for money only and the court reserves disposition of the balance of the amount requested. If the judgment is entered against a party in default for failure to appear in the action, the clerk promptly shall send a copy of the judgment to that party at the party’s last known address appearing in the court file.

Cross reference: Section 521 of the Servicemembers Civil Relief Act, 50 U.S.C. app. §§ 501et seq., imposes specific requirements that must be fulfilled before a default judgment may be entered.

(g) Order Specifying Issues or Facts Not in Dispute. When a ruling on a motion for summary judgment does not dispose of the entire action and a trial is necessary, the court may enter an order specifying the issues or facts that are not in genuine dispute. The order controls the subsequent course of the action but may be modified by the court to prevent manifest injustice.

Md. R. Civ. P. Cir. Ct. 2-501

This Rule is derived as follows:

Section (a) is derived from former Rule 610 a 1 and 3.

Section (b) is new.

Section (c) is derived from former Rule 610 b.

Section (d) is derived from former Rule 610 d 2.

Section (e) is new.

Section (f) is derived in part from former Rules 610 d 1 and 611 and is in part new.

Section (g) is derived from former Rule 610 d 4.

Adopted April 6, 1984, eff. July 1, 1984. Amended eff. April 8, 1985; April 7, 1986, eff. July 1, 1986; March 22, 1991, eff. July 1, 1991; Dec. 8, 2003, eff. July 1, 2004; June 16, 2009, eff. June 17, 2009; March 2, 2015, eff. July 1, 2015.

HISTORICAL NOTES

2003 Orders

The December 8, 2003, order rewrote section (a); added the committee note following section (a); rewrote section (b); inserted section (e), relating to contradictory affidavits and statements; redesignated sections (e) and (f) as sections (f) and (g), respectively; in former section (f), now section (g), in the first sentence, deleted “, on the basis of the pleadings, depositions, answers to interrogatories, admissions, and affidavits and, if necessary, after interrogating counsel on the record, following “the court and made a stylistic change; and amended the source note. Prior to amendment, sections (a) and (b) read:

“(a) Motion. Any party may file at any time a motion for summary judgment on all or part of an action on the ground that there is no genuine dispute as to any material fact and that the party is entitled to judgment as a matter of law. The motion shall be supported by affidavit if filed before the day on which the adverse party’s initial pleading or motion is filed.

“(b) Response. The response to a motion for summary judgment shall identify with particularity the material facts that are disputed. When a motion for summary judgment is supported by an affidavit or other statement under oath, an opposing party who desires to controvert any fact contained in it may not rest solely upon allegations contained in the pleadings, but shall support the response by an affidavit or other written statement under oath.

2009 Orders

The June 16, 2009, order rewrote the cross reference following section (f), which previously read:

“Cross reference: Section 200 of the Soldiers’ and Sailors’ Relief Act of 1940, 50 U.S.C. Appendix, § 521, imposes specific requirements that must be fulfilled before a default judgment may be entered.

2015 Orders

The March 2, 2015, order amended this Rule to require that a motion for summary judgment be in writing; limiting the time when a motion can be filed; requiring permission of the court to file the motion after the deadline for dispositive motions specified in the scheduling order entered pursuant to Rule 2-504(b)(1)(E); revised the Committee note after section (a); and deleting the word “written in section (b).