Standard for summary judgment in Washington State
In Washington, summary judgment is appropriate only when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. The court must consider the evidence and all reasonable inferences in the light most favorable to the nonmoving party.[1][4]
The discussion below addresses Washington superior-court civil practice.
1. The Governing Test
The rule provides:
“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.”
Wash. Super. Ct. Civ. R. 56(c).[1]
The two requirements are distinct:
| Requirement | Meaning |
|---|---|
| No genuine issue of material fact | There is no evidentiary dispute requiring trial over a fact that affects the outcome under the governing substantive law. |
| Entitlement to judgment as a matter of law | Applying the governing law to the summary-judgment record, the moving party is entitled to the requested ruling. Undisputed facts alone do not establish entitlement to judgment. |
A fact is material if the outcome of the litigation depends on it, in whole or in part.[3]
The court does not decide which side’s factual account is more persuasive. Summary judgment should be granted only when, considering the evidence favorably to the nonmovant, reasonable persons could reach only one conclusion.[4]
2. The Parties’ Respective Burdens
The moving party’s initial burden
The movant must first demonstrate the absence of a genuine issue of material fact. A defendant may meet that burden by showing that the plaintiff lacks evidence sufficient to establish an essential element of the claim; the defendant need not always submit affirmative evidence disproving that element.[3]
The nonmoving party’s responsive burden
Once the movant satisfies its initial burden, the nonmovant must identify specific facts showing a genuine issue for trial. The nonmovant cannot rely solely on allegations or denials in the pleadings.[2][3]
Speculation, conclusory assertions, and argument that factual issues must exist are insufficient substitutes for evidence.[5]
Failure to respond does not automatically entitle the movant to judgment. The rule authorizes judgment against a nonresponding party only “if appropriate”—the motion must still establish entitlement to judgment under the governing standard.[2]
3. Evidence and Credibility
Supporting and opposing affidavits must:
- Be based on personal knowledge;
- State facts that would be admissible in evidence; and
- Affirmatively establish the witness’s competence to testify.
The rule also requires sworn or certified copies of papers referenced in an affidavit to be attached or served with it.[2]
An attorney’s affidavit can qualify if based on the attorney’s personal knowledge. But an attorney’s factual or legal argument, without competent evidence contradicting the movant’s showing, does not create a material factual dispute.[4]
Thus, conflicting competent evidence can require trial; a bare assertion that the opposing witness is not credible does not necessarily do so. The distinction is between an evidentiary dispute and an unsupported attack on the evidence. Id.[4]
4. Partial Judgment and Additional Discovery
The court may grant summary judgment on all or part of a claim. It may determine liability while leaving disputed damages for trial, or identify facts established without substantial controversy and narrow the remaining trial issues.[1]
If the opposing party cannot yet present facts essential to its opposition, the court may deny the application, continue the hearing for discovery, or enter another appropriate order. The request should be supported by an affidavit explaining why those essential facts cannot presently be supplied.[2]
5. Superior-Court Deadlines
Under Wash. Super. Ct. Civ. R. 56(c), the general filing and service deadlines are:[1]
| Filing | Deadline before hearing |
|---|---|
| Motion and supporting materials | 28 calendar days |
| Opposition materials | 11 calendar days |
| Reply or rebuttal materials | 5 calendar days |
If the opposition or rebuttal deadline falls on a weekend or legal holiday, it moves to the next nonholiday weekday nearer the hearing. The hearing ordinarily must occur more than 14 calendar days before trial, unless the court grants leave otherwise; local rules may require hearing confirmation.[1]
Bottom line: A successful opposition identifies admissible evidence supporting a material factual dispute or demonstrates why the movant is not legally entitled to judgment—not merely why the case deserves a trial.