Orcp Motion For Summary Judgment

State:
Oregon
Control #:
OR-HJ-072-06
Format:
PDF
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Description

A03 Defendant's Motions Pursuant to ORCP 17 and 21

Title: Understanding the ORP Motion for Summary Judgment: Types and Detailed Explanation Description: When engaged in a legal dispute, understanding the legalities and procedures involved is crucial. One such legal procedure is the ORP (Oregon Rules of Civil Procedure) motion for summary judgment. In this comprehensive content, we will delve into the concept of ORP motion for summary judgment, providing a detailed description and highlighting its various types. Keywords: ORP motion, summary judgment, Oregon Rules of Civil Procedure, legal dispute, legal procedure, types. 1. Introduction: — Briefly explain the importance of understanding ORP motion for summary judgment. — Highlight the necessity to adhere to the Oregon Rules of Civil Procedure (ORP) in legal disputes. 2. What is an ORP motion for summary judgment? — Definition: Provide a clear explanation of the ORP motion for summary judgment. — Objective: Highlight the purpose of the motion, which is to seek a judgment without going to trial. — Parties involved: Explain the roles of the plaintiff and defendant in this motion. 3. Procedure: — Filing the motion: Explain the process of initiating an ORP motion for summary judgment, including filling out the necessary paperwork and submitting it to the court. — Required documentation: Mention the specific documents needed to support the motion, such as affidavits, declarations, and the legal argument. — Serving the opposing party: Describe the process of serving the opposing party with the motion and supporting documents. 4. Standard and Burden of Proof: — Discuss the standard required to have a motion for summary judgment granted, which often involves demonstrating that no genuine dispute regarding material facts exists. — Burden of proof: Explain which party bears the burden of proof when presenting the motion. 5. Types of ORP Motions for Summary Judgment: a) Traditional Summary Judgment: — Define the traditionaORPCP motion for summary judgment, where the moving party demonstrates that there is no genuine issue of material fact and that they are entitled to judgment as a matter of law. b) Summary Judgment on Affirmative Defense: — Explain this type of motion that involves asserting an affirmative defense, which negates the defendant's liability. c) Summary Judgment on a Counterclaim: — Elaborate on this type of motion, where the defendant seeks a judgment on their counterclaim without going to trial. d) No-Evidence Summary Judgment: — Discuss this type of motion, indicating that it focuses on the absence of evidence produced by the non-moving party essential to support their claims. 6. Factors Considered by the Court: — List and explain the key factors the court considers when evaluating an ORP motion for summary judgment, including the admissibility of evidence and the credibility of witnesses. 7. Conclusion: — Summarize the crucial aspects covered in the content regarding the ORP motion for summary judgment and its various types. — Highlight the importance of proper understanding and adherence to the Oregon Rules of Civil Procedure for a successful legal resolution. Remember to consult an attorney or legal professional for specific guidance tailored to your jurisdiction and individual situation.

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DMV, 179 Or App 350,. ORCP 47C.In figuring out whether this standard is met, the court has to view the evidence in favor of the opposing party. ORCP 47 C. If you are going to file a motion for summary judgment, do not wait until the last possible day. Memorandum in Response to. Motion (Other Than Motion For. ORCP 47E declares that summary judgment motions under this rule. What is Summary Judgment? Defendants' motion for summary judgment did not allege a right to attorney fees. Motions for summary judgment will be heard pursuant to Rule 56 (C), ORCP, without oral arguments.

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Orcp Motion For Summary Judgment