RULE 56                                                
                      SUMMARY JUDGMENT                                           
                                                                                 
    (a) For Claimant. A party seeking to recover upon a claim,                   
counterclaim, or cross claim, or to obtain a declaratory judgment may,           
after the expiration of the period within which the defendant is required        
to appear, or after service of a motion for summary judgment by the adverse      
party, move with or without supporting affidavits for a summary judgment in      
his favor upon all or any part thereof.                                          
    (b) For Defending Party. A party against whom a claim, counterclaim, or      
cross claim is asserted or a declaratory judgment is sought may move with        
or without supporting affidavits for a summary judgment in his favor as to       
all or any part thereof.                                                         
    (c) Motion and Proceedings. The motion and any supporting affidavits,        
memoranda of law, or other documentation shall be filed and served not           
later than 28 calendar days before the hearing. The adverse party may file       
and serve opposing affidavits, memoranda of law or other documentation not       
later than 11 calendar days before the hearing. The moving party may file        
and serve any rebuttal documents not later than 5 calendar days prior to         
the hearing. If the date for filing either the response or rebuttal falls        
on a Saturday, Sunday, or legal holiday, then it shall be filed and served       
not later than the next day nearer the hearing which is neither a Saturday,      
Sunday, or legal holiday. Summary judgment motions shall be heard more than      
14 calendar days before the date set for trial unless leave of court is          
granted to allow otherwise. Confirmation of the hearing may be required by       
local rules. The judgment sought shall be rendered forthwith if the              
pleadings, depositions, answers to interrogatories, and admissions on file,      
together with the affidavits, if any, show that there is no genuine issue        
as to any material fact and that the moving party is entitled to a judgment      
as a matter of law. A summary judgment, interlocutory in character, may be       
rendered on the issue of liability alone although there is a genuine issue       
as to the amount of damages.                                                     
    (d) Case Not Fully Adjudicated on Motion. If on motion under the rule        
judgment is not rendered upon the whole case or for all the relief asked         
and a trial is necessary, the court at the hearing of the motion, by             
examining the pleadings and the evidence before it and by interrogating          
counsel, shall if practicable ascertain what material facts exist without        
substantial controversy and what material facts are actually and in good         
faith controverted. It shall thereupon make an order specifying the facts        
that appear without substantial controversy, including the extent to which       
the amount of damages or other relief is not in controversy, and directing       
such further proceedings in the action as are just. Upon the trial of the        
action, the facts so specified shall be deemed established, and the trial        
shall be conducted accordingly.                                                  
    (e) Form of Affidavits; Further Testimony; Defense Required. Supporting      
and opposing affidavits shall be made on 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 therein. Sworn or certified copies of all papers or parts thereof         
referred to in an affidavit shall be attached thereto or served therewith.       
The court may permit affidavits to be supplemented or opposed by                 
depositions, answers to interrogatories, or further affidavits. When a           
motion for summary judgment is made and supported as provided in this rule,      
an adverse party may not rest upon the mere allegations or denials of his        
pleading, but his response, by affidavits or as otherwise provided in this       
rule, must set forth specific facts showing that there is a genuine issue        
for trial. If he does not so respond, summary judgment, if appropriate,          
shall be entered against him.                                                    
    (f) When Affidavits Are Unavailable. Should it appear from the               
affidavits of a party opposing the motion that he cannot, for reasons            
stated, present by affidavit facts essential to justify his opposition, the      
court may refuse the application for judgment or may order a continuance to      
permit affidavits to be obtained or depositions to be taken or discovery to      
be had or may make such other order as is just.                                  
    (g) Affidavits Made in Bad Faith. Should it appear to the satisfaction       
of the court at any time that any of the affidavits presented pursuant to        
this rule are presented in bad faith or solely for the purpose of delay,         
the court shall forthwith order the party employing them to pay to the           
other party the amount of the reasonable expenses which the filing of the        
affidavits caused him to incur, including reasonable attorney fees, and any      
offending party or attorney may be adjudged guilty of contempt.                  
    (h) Form of Order. The order granting or denying the motion for summary      
judgment shall designate the documents and other evidence called to the          
attention of the trial court before the order on summary judgment was            
entered.