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Opposing summary-judgment motions Read and review a summary-judgment motion immediately. ... Know the law and how it applies to each of defendant's arguments. ... Review each fact set forth in defendant's statement of undisputed material facts. ... Conduct discovery geared to the crucial facts in defendant's separate statement.
Motion for Summary Judgment At least 60 days before trial date unless modified by court. ORCP 47 C. Response to Motion for Summary Judgment 20 days after motion for summary judgment is filed, unless modified by court.
Summary judgment regarding miscellaneous statutory rights is granted in whole in 40.3% of cases, in part in 19.9% of cases, and denied in 39.8% of cases. Summary judgment in labor law cases is granted in whole in 36.2% of cases, in part in 23.8% of cases, and denied in 40% of cases.
A summary judgment is considered very difficult to win, and lawyers mostly use it as a scare tactic. However, it can be extremely beneficial. If the party moving the summary judgment wins, the case is thrown out. The most important thing in winning summary judgments is hiring competent lawyers.
Show that a dispute exists on a material fact. A material fact is one that matters to the outcome of a case, like the speed of a car preceding a traffic accident. The disagreement must appear in the record of the case, either in the pleadings or in filed discovery responses.
It should contain a strong legal argument, with references to the facts as well as to legal authorities such as case opinions and statutes. When supporting your argument with facts, make sure every fact you rely upon is supported by admissible evidence.
Replies should be succinctly stated. If the response to a fact is ?undisputed,? the reply should also state ?undisputed.? If you contend that despite a response of ?disputed,? the non-moving party has failed to raise a genuine dispute of material fact, you should succinctly state why.
If you are opposing a motion for summary judgment, your affidavit or affirmation should attach and refer to any relevant exhibits. You may also attach affidavits or affirmations from other people who have personal knowledge of relevant information regarding the motion.