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Oregon Affidavit of Plaintiff Supporting Motion for Summary Judgment by Plaintiff

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Multi-State
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US-01923BG
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The following form is a complaint that adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.


Rule 56(e)(1) of the Federal Rules of Civil Procedure provides in part: "A supporting or opposing affidavit must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant is competent to testify on the matters stated."

The Oregon Affidavit of Plaintiff Supporting Motion for Summary Judgment is a crucial legal document used in civil litigation cases for plaintiffs seeking a summary judgment. A summary judgment is a request made by a party involved in a lawsuit to have the court make a judgment without going to trial, based on the presented evidence and facts of the case. This affidavit is a sworn statement provided by the plaintiff to support their motion for summary judgment. In Oregon, there are different types of Affidavits of Plaintiff Supporting Motion for Summary Judgment, depending on the nature of the case. Here are a few notable ones: 1. Affidavit of Plaintiff Supporting Motion for Summary Judgment in a Personal Injury Case: This affidavit is used when the plaintiff is seeking a summary judgment in a personal injury lawsuit. It includes detailed facts and evidence supporting the plaintiff's claim, such as medical records, witness statements, and expert opinions. 2. Affidavit of Plaintiff Supporting Motion for Summary Judgment in a Breach of Contract Case: This type of affidavit is used when the plaintiff has filed a lawsuit alleging a breach of contract. It contains relevant documentation, such as contracts, correspondence, and invoices, along with a detailed explanation of how the defendant violated the terms of the agreement. 3. Affidavit of Plaintiff Supporting Motion for Summary Judgment in a Landlord-Tenant Dispute: In cases involving landlord-tenant disputes, this affidavit is utilized to request a summary judgment. It may include relevant lease agreements, rental payment documentation, photographs, and any written communication between the parties involved. 4. Affidavit of Plaintiff Supporting Motion for Summary Judgment in an Employment Discrimination Case: This affidavit is submitted when the plaintiff alleges employment discrimination by the defendant. It may contain supporting evidence like emails, performance evaluations, witness statements, and any applicable employment policies or guidelines. In all these scenarios, the Oregon Affidavit of Plaintiff Supporting Motion for Summary Judgment plays a crucial role in persuading the court to grant the plaintiff's motion for summary judgment. It is essential to ensure that the affidavit is thoroughly prepared, accurate, and supported by relevant evidence to establish a strong case for the plaintiff.

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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.

If the defendant moves to summary judgment, the burden of proof moves from the plaintiff to the defendant. Rather than the plaintiff proving that they were injured, the defendant must prove that the plaintiff can't obtain evidence at all.

In contract cases, summary judgment is granted in whole in 35.1% of cases, in part in 22.6% of cases, and denied in 42.3% of cases. An awareness of the odds of winning summary judgment will affect a party's willingness to undertake the extra work and expense inherent in these motions.

Rule 56(c)(4) provides that a formal affidavit or a written unsworn declaration that complies with 28 U.S.C. § 1746 can be used to support or oppose a motion for summary judgment.

When it comes to federal cases, summary judgments are filed in 17% of total cases. Around 71% of summary judgment motions were filed by defendants and 26% by plaintiffs. Out of all of these, 36% were denied, and 64% were granted, either whole or in part [3].

Show that the law does not support judgment on the undisputed facts. Your legal research may reveal case law that shows judgment isn't warranted in your case, even when no facts are in dispute. Show that discovery is incomplete and could raise a disputed material fact when completed.

Appellate court judges themselves estimate that only about 35% of the summary judgments granted are reversed on appeal. Those are terrible odds, but if you pay attention and do the best job possible, you improve your chances enormously.

Under a motion for summary judgment, the movant should assert that a fact cannot be genuinely disputed based on the record. The nonmovant is given notice and a reasonable time to respond, after which the court may grant or deny summary judgment.

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Where plaintiff did not respond to defendant's motion for summary judgment and supporting affidavit, only inquiry to determine appropriateness of summary ... Aug 1, 2021 — (a) A party may file a motion and supporting affidavit ... (d) If the plaintiff moves for entry of a judgment of default, the motion must include ...A refund requires a motion, supported by an affidavit, requesting an order allowing the reimbursement. This should be presented in person at ex parte. The ... This Handbook is designed to help people dealing with civil lawsuits in federal court without legal representation. Proceeding without a lawyer is called ... Apr 1, 2019 — Do not abuse it. If an affidavit is presented in bad faith, the plaintiff will be required to pay the reasonable expenses, including attorney ... An affidavit or declaration used to support or oppose a motion must be made on personal knowledge, set out facts that would be admissible in evidence, and ... May 8, 2014 — In an affidavit. 5 that defendant filed in support of its motion for summary judgment, defendant's employee. 6 averred that "[a]ll components ... On May 8, 2009, Plaintiff filed a Motion to Strike Defendants' Submissions in Support of Motion for Summary Judgment and filed a Request for Judicial Notice. Case Summary: Plaintiff appeals a general judgment granting summary judgment ... affidavit to create a dispute of fact and defeat a motion for summary judgment. Sep 27, 2023 — Case opinion for OR Court of Appeals HOFER v. OREGON HEALTH AND SCIENCE UNIVERSITY. Read the Court's full decision on FindLaw.

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Oregon Affidavit of Plaintiff Supporting Motion for Summary Judgment by Plaintiff