Oregon Motion to Consolidate - Personal Injury

State:
Multi-State
Control #:
US-PI-0084
Format:
Word; 
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Instant download

Description

This form is a sample motion by the defendant in a personal injury action request that the court consolidate the trials of two separate actions arising out of the same set of facts.
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FAQ

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.

When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated; and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or ...

A Liberal construction. All pleadings shall be liberally construed with a view of substantial justice between the parties. B Disregard of error or defect not affecting substantial right.

Maritime law, The Oregon Rule presumes that a moving vessel is at fault when it allides with a stationary object. This rule has its origins from the 1895 United Supreme Court case, The Oregon, 158 U.S. 186 (1895).

A Liberal construction. All pleadings shall be liberally construed with a view of substantial justice between the parties.

A pleading which asserts a claim for relief, whether an original claim, counterclaim, cross-claim, or third party claim, shall contain: (A) A plain and concise statement of the ultimate facts constituting a claim for relief without unnecessary repetition.

A Motion to Consolidate is a request to combine the assets and liabilities of two or more debtors, which is in contrast to a Motion for Joint Administration which merely seeks to procedurally administer two or more cases together.

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.

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Oregon Motion to Consolidate - Personal Injury