This form is a generic motion for summary judgment. The motion adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
Oregon Motion for Summary Judgment by Defendant with Notice of Motion
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Multi-State
Control #:
US-00920BG
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Word;
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How to fill out Motion For Summary Judgment By Defendant With Notice Of Motion?
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Response to Motion (Other Than Motion For Summary Judgment) 14 days from service or filing of the motion, whichever is later. UTCR 5.030(1). See ORCP 10 B (adding 3 days when service of motion is by mail, email, fax, or electronic service).
Summons shall be served, either within or without this state, in any manner reasonably calculated, under all the circumstances, to apprise the defendant of the existence and pendency of the action and to afford a reasonable opportunity to appear and defend.
In order to successfully file a motion for summary judgment, the party filing the motion must show that there are no genuine issues of material fact, and as a matter of law, the other party is not entitled to any relief.
A party who considers that a matter of which an admission has been requested presents a genuine issue for trial may not, on that ground alone, object to the request; the party may, subject to the provisions of Rule 46 C, deny the matter or set forth reasons why the party cannot admit or deny it.
The party seeking summary judgment should compile all relevant evidence, including documents, witness statements, expert opinions, and any other material that supports their position. Each fact should be analyzed considering the legal elements required to prove the claim or defense.
A party against whom any type of claim is asserted or a declaratory judgment is sought may, at any time, move, with or without supporting affidavits or declarations, for a summary judgment in that party's favor as to all or any part of any claim or defense.
The chance of success in these cases is less than 10% [1]. Another study found that summary judgment is mostly granted in Title VII cases, for example, cases involving equal pay or employment discrimination [2]. When it comes to federal cases, summary judgments are filed in 17% of total cases.