Dear [Judge's Name], I am writing to propose an order granting summary judgment in the case of [Plaintiff's Name] v. [Defendant's Name] currently pending before this honorable court. After thorough examination of the facts, evidence, and applicable Oregon law, it is clear that summary judgment should be awarded in favor of the plaintiff. Summary judgment is a legal mechanism designed to swiftly resolve cases where there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. In this case, the undisputed facts and Oregon law unequivocally support the plaintiff's claims, leaving no room for genuine disputes or a trial. Firstly, it is irrefutable that the defendant breached their contractual obligations as detailed in Exhibit A, which outlines the terms and conditions governing the relationship between the parties. The evidence clearly demonstrates that the defendant failed to perform their duties outlined in the contract, resulting in significant financial losses for the plaintiff. Moreover, Oregon law provides a framework for addressing breach of contract claims, particularly under the Uniform Commercial Code (UCC). Relevant UCC sections, such as [relevant UCC sections], highlight the defendant's violation of statutory duties and further solidify the plaintiff's position. In addition to the contractual breach, the evidence overwhelmingly proves the defendant's negligence and failure to exercise reasonable care. Expert witnesses, whose reports are attached as Exhibit B, firmly establish the defendant's deviation from industry standards and their failure to meet the duty of care owed to the plaintiff. Under Oregon law, negligence claims require proof of duty, breach, causation, and damages — all of which have been fulfilled in this case. Given the absence of factual disputes and the clear application of Oregon law, summary judgment is the appropriate resolution in this matter. Granting summary judgment will save both the court's time and the parties' resources, as all necessary evidence has been presented and analyzed extensively, leaving no genuine issues for trial. Therefore, I respectfully request this Honorable Court to issue an order granting summary judgment in favor of the plaintiff and awarding appropriate damages as supported by the evidence presented. Enclosed you will find a proposed order for your review and consideration. Thank you for your attention to this matter. Sincerely, [Your Name] [Your Law Firm] [Contact Information] Types of Oregon Sample Letters for Proposed Order Granting Summary Judgment: 1. Oregon Sample Letter for Proposed Order Granting Summary Judgment — Breach of Contract: This type of letter focuses specifically on breach of contract claims and provides supporting evidence and arguments for summary judgment. 2. Oregon Sample Letter for Proposed Order Granting Summary Judgment — Negligence: This sample letter emphasizes negligence claims, providing evidence and legal analyses to support the motion for summary judgment. 3. Oregon Sample Letter for Proposed Order Granting Summary Judgment — Breach of Contract and Negligence: This type of letter combines both breach of contract and negligence claims, offering comprehensive evidence and legal analysis for summary judgment on multiple grounds.
Oregon Sample Letter for Proposed Order Granting Summary Judgment
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FAQ
The Oregon Rules of Civil Procedure govern civil proceedings in Oregon circuit courts.
Judgments entered under ORS 153.102 are termed ?default? judgments and impose a fine that a Defendant must pay. Failure to pay a judgment will result in the case being sent to a collections agency and additional fees. Oregon law allows you to request that the default judgment be set aside.
F Setting aside an order of default or judgment by default. For good cause shown, the court may set aside an order of default. If a judgment by default has been entered, the court may set it aside in ance with Rule 71 B and C.
ORCP 71B(1) allows the court to relieve a party from a judgment or order for mistake, inadvertence, surprise or excusable neglect; fraud, misrepresentation, or other misconduct of an adverse party when accompanied by a pleading containing an assertion of a defense.
Uniform Trial Court Rule (UTCR) 5.1001 allows you to object to the proposed judgment or order. If you have no objections, you can sign the last page and return it to me. If you do object to any of the terms of the judgment or order, you may: 1) Contact me within 7 days of the date of this notice.
ORCP 69 requires the court or clerk to enter an order of default on a showing by affidavit or declaration that a party against whom a judgment is sought has been served with Summons or is otherwise subject to the jurisdiction of the Court and has failed to plead or otherwise defend within the time set by law.
ORCP 21 E Motion to Strike: Use ORCP 21 E(1) to strike any sham, frivolous, or irrelevant pleading or defense or any pleading containing more than one claim or defense not separately stated.
The conditions under which a court must grant a motion for summary judgment are delineated in ORCP 47 C. A party moving for summary judgment has the initial burden of showing that there is no genuine issue as to any material fact and that the party is entitled to judgment as a matter of law.
