In Oregon, a Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion is a legal document filed by a party in a civil case requesting additional time to gather crucial evidence or seek the court's decision on the case before conducting a trial. This motion is typically used at a stage where discovery is incomplete, or when one party believes that a judgment can be rendered based on the information already available. Here are some various types of Oregon Motions for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion: 1. Motion for Continuance to Complete Discovery: This motion is filed when a party feels that they need more time to conduct necessary investigations, gather evidence, interview witnesses, or perform other actions related to the discovery process. The party requesting the continuance must demonstrate that they have diligently pursued discovery but require additional time to uncover important information. 2. Motion for Continuance of Summary Judgment Motion: This motion is used when a party believes that a judgment can be made based on the information already available and requests additional time to prepare their argument or gather evidence to support their motion. The party arguing for a summary judgment must convince the court that there is no genuine dispute of material facts and that they are entitled to judgment as a matter of law. 3. Motion for Continuance to Complete Specific Discovery: In some cases, a party may request a continuance to complete specific discovery items that are essential to their case. This motion allows them to focus on particular aspects of the discovery process that require more time to investigate, such as depositions, interrogatories, document production, or expert witness evaluations. 4. Motion for Continuance of Summary Judgment Motion to Address Newly Discovered Evidence: This type of motion is filed when new evidence is uncovered after a summary judgment motion has been submitted, but before a ruling is made. The party must prove that the newly discovered evidence is significant and material to the case and that it could potentially affect the court's decision. When filing a Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion, it is crucial to provide detailed reasons for the requested continuance, demonstrate diligence in pursuing discovery, and explain how the additional time will benefit the case. The court will evaluate the motion based on the merits and decide whether to grant the requested continuance or proceed to resolve the case through summary judgment.
Oregon Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion
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How to fill out Oregon Motion For Continuance To Complete Discovery Or In The Alternative Continuance Of Summary Judgment Motion?
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FAQ
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.
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.
When bringing a summary judgment motion, a party is arguing that there can be no real dispute about material facts, and the moving party is entitled to win the case as a matter of law.
Examples of summary judgement motions John says that Linda ran a red light and caused the crash. John happens to have a video of Linda running the red light and crashing into him. John's attorney files a motion for summary judgment claiming that: There are no material facts that can be reasonably disputed.
24.080. Rule 24.080 - CONTINUANCES (1) Motions to continue a hearing or trial may be made to the judge presiding over the hearing or trial, or such other judge as may be designated by supplementary local rules. The judge may allow a continuance for good cause shown.
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.
Once the summary judgement is granted, the case ends there, and neither party will have to deal with the stresses of a full trial. At times, the winning party can ask for an award of costs or attorney fees from the other party unless those terms were already established in the summary judgment.
A motion is an application to the court made by the prosecutor or defense attorney, requesting that the court make a decision on a certain issue before the trial begins. The motion can affect the trial, courtroom, defendants, evidence, or testimony. Only judges decide the outcome of motions.