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When a ruling upon on a motion for summary judgment does
not dispose of the entire action and a trial is necessary, the
court, on the basis of the pleadings, depositions, answers to
interrogatories, admissions, and affidavits and, if necessary,
after interrogating counsel on the record, 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.
Source: 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 derived in part from former Rules 610 d 1 and
611 and is, in part, new.
Section (f) is derived from former Rule 610 d 4.
REPORTER’S NOTE
As a method of encouraging judges to grant more motions for
summary judgment, the Rules Committee recommends the addition of
language to section (b) which states affirmatively that the
response to a motion for summary judgment must contain specific
references to transcripts or other documents that demonstrate a
genuine dispute of material fact. The new language is derived
from District Court Local Rule 56.1 (b) for the District of
Nebraska. The Committee also recommends deleting the
introductory language of the second sentence of section (b),
because the Committee feels that the requirement to cite to
specific facts in the record that demonstrate a genuine dispute
should apply even when the motion for summary judgment is not
supported by a statement under oath. The second sentence of
section (b) addresses when the response must be supported by
affidavit or other statement under oath, which, as the rule is
proposed to be amended, would include the responding party’s
assertion of a material fact that the moving party contends does
not exist. The proposed amendments to Rule 2-501 (b), in
conjunction with proposed amendments to Rule 2-415 (d), are
intended to respond to the invitation of the Court of Appeals in
Pittman v. Atlantic Realty Co., 359 Md. 513 (2000) for the Rules
Committee to study the issue of “sham affidavits” and “recommend
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