Oregon Defendant's Motion to Amend Answer and Order

State:
Oregon
Control #:
OR-HJ-069-08
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A15 Defendant's Motion to Amend Answer and Order
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FAQ

If the motion is granted, the judgment on the issue or case is deemed to be a final judgment from which a party may seek an appeal. The court of appeal can reverse the grant of summary judgment and reinstate the claim in the lower court. However, this is rarely done and most summary judgments are upheld on appeal.

Judgment on the pleadings is a motion made after pleading and before discovery; summary judgment happens after discovery and before trial; JMOL occurs during trial.Timing is very important in making a motion for JMOL; the motion can be made only after the opposing party has presented its case.

The judge will either grant or deny the motion. If it is granted, the case is over and the defendant wins. If the motion is denied, as it usually is, the defense is given the opportunity to present its evidence.

A motion asking the court to enter judgment as a matter of law. This motion is made before a case is submitted to the jury, and argues that no reasonable jury could find for the opposing party (i.e., whatever evidence exists for such ruling is legally insufficient).Also referred to as a motion for a directed verdict.

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Oregon Defendant's Motion to Amend Answer and Order