Chapter 815 Oregon Laws 1999

Session Law

AN ACT

HB 2721

Relating to civil procedure; creating new provisions; and amending ORCP 47C.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORCP 47 C is amended to read:

C Motion and proceedings thereon. The motion and all supporting documents shall be served and filed at least 45 days before the date set for trial. The adverse party shall have 20 days in which to serve and file opposing affidavits and supporting documents. The moving party shall have five days to reply. The court shall have discretion to modify these stated times. The [judgment sought shall be rendered forthwith] court shall enter judgment for the moving party if the pleadings, depositions, affidavits and admissions on file[, together with the affidavits, if any,] show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. No genuine issue as to a material fact exists if, based upon the record before the court viewed in a manner most favorable to the adverse party, no objectively reasonable juror could return a verdict for the adverse party on the matter that is the subject of the motion for summary judgment. The adverse party has the burden of producing evidence on any issue raised in the motion as to which the adverse party would have the burden of persuasion at trial. The adverse party may satisfy the burden of producing evidence with an affidavit under section E of this rule.

A summary judgment, interlocutory in character, may be rendered on the issue of liability alone although there is a genuine issue as to the amount of damages.

SECTION 2. The amendments to ORCP 47 C by section 1 of this 1999 Act apply to all actions pending on or commenced after the effective date of this 1999 Act.

Approved by the Governor July 20, 1999

Filed in the office of Secretary of State July 20, 1999

Effective date October 23, 1999

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