Rule 12. Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating
Motions; Waiving Defenses; Pretrial Hearing
. . .

(c) Motion for Judgment on the Pleadings.  After the pleadings are closed — but early enough not to delay trial — a party may move for judgment on the
pleadings.

(d) Result of Presenting Matters Outside the Pleadings.  If, on a motion under Rule 12(b)(6) or 12(c), matters outside the pleadings are presented to
and not excluded by the court, the motion must be treated as one for summary judgment under Rule 56. All parties must be given a reasonable opportunity to
present all the material that is pertinent to the motion.

Rule 56. Summary Judgment

(a) By a Claiming Party.  A party claiming relief may move, with or without supporting affidavits, for summary judgment on all or part of the claim. The
motion may be filed at any time after:
    (1) 20 days have passed from commencement of the action; or
    (2) the opposing party serves a motion for summary judgment.

(b) By a Defending Party.  A party against whom relief is sought may move at any time, with or without supporting affidavits, for summary judgment
on all or part of the claim.

(c) Serving the Motion; Proceedings.  The motion must be served at least 10 days before the day set for the hearing. An opposing party may serve opposing
affidavits before the hearing day. The judgment sought should be rendered if the pleadings, the discovery and disclosure materials on file, and any
affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law.

(d) Case Not Fully Adjudicated on the Motion.
    (1) Establishing Facts.  If summary judgment is not rendered on the whole action, the court should, to the extent practicable, determine what
    material facts are not genuinely at issue. The court should so determine by examining the pleadings and evidence before it and by
    interrogating the attorneys. It should then issue an order specifying what facts — including items of damages or other relief — are not genuinely at
    issue. The facts so specified must be treated as established in the action.
    (2) Establishing Liability.  An interlocutory summary judgment may be rendered on liability alone, even if there is a genuine issue on the
    amount of damages.

(e) Affidavits; Further Testimony.
    (1) In General.  A supporting or opposing affidavit must be made on personal knowledge, set out facts that would be admissible in evidence, and
    show that the affiant is competent to testify on the matters stated. If a paper or part of a paper is referred to in an affidavit, a sworn or certified
    copy must be attached to or served with the affidavit. The court may permit an affidavit to be supplemented or opposed by depositions,
    answers to interrogatories, or additional affidavits.
    (2) Opposing Party’s Obligation to Respond. When a motion for summary judgment is properly made and supported, an opposing party
    may not rely merely on allegations or denials in its own pleading; rather, its response must — by affidavits or as otherwise provided in this rule —
    set out specific facts showing a genuine issue for trial. If the opposing party does not so respond, summary judgment should, if appropriate, be
    entered against that party.
. . .