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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.
You can defeat the grant of summary judgment by presenting a multi-pronged attack. Don't rely on just lack of discovery (evidence), lack of particularity, or failure to strike affirmative defenses. If you can, point to other weaknesses in your opponent's motion. Do statutes and cases support their argument?
The new rule allows a party to move for summary judgment at any time, even as early as the commencement of the action. If the motion seems premature both subdivision (c)(1) and Rule 6(b) allow the court to extend the time to respond. The rule does set a presumptive deadline at 30 days after the close of all discovery.
LR 37-2 Time Limits Unless otherwise directed by the Court, the party against whom an order to compel has been entered must comply with the order within 14 days after the date of entry of the order.
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.
Make your argument in your brief, with citations to any useful docket entries. Every factual proposition, whether made in support of or opposition to, a motion for summary judgment must be supported by admissible evidence. The court will not search the record for evidence.
Response to Motion for Summary Judgment 20 days after motion for summary judgment is filed, unless modified by court. ORCP 47 C. See ORCP 10 B for additional time if service by mail, email, fax, or electronic service.
In Oregon, a party must respond to a summons and complaint within 30 days from the date of service (Or. R. Civ. P.