[// GUIDANCE: This template is intended for Oregon Circuit Court civil matters.
Customize bracketed text, delete inapplicable sections, and conform all headings, numbering, and citations to the local Supplemental Local Rules (“SLRs”) of the filing county. Attach declarations/exhibits as separate PDFs, each bookmarked and labeled in accordance with UTCR 2.100 and local e-filing protocols.]

IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF [COUNTY]

[PLAINTIFF NAME(S)],
  Plaintiff,

v.

[DEFENDANT NAME(S)],
  Defendant.

Case No. [CASE NUMBER]

DEFENDANT [NAME]’S MOTION FOR SUMMARY JUDGMENT, CONCISE STATEMENT OF
UNDISPUTED MATERIAL FACTS, AND SUPPORTING MEMORANDUM OF LAW

[// GUIDANCE: ORCP 47 C requires that a party’s counsel certify that there are no genuine issues of material fact. The certification must appear in a conspicuous manner—best practice is to set it out as a standalone section after the conclusion.]

TABLE OF CONTENTS

1. MOTION …………………………………………………………………………………….. 1
2. CONCISE STATEMENT OF UNDISPUTED MATERIAL FACTS (ORCP 47 D) …… 2
3. MEMORANDUM OF LAW ……………………………………………………………….. 4
   3.1 Summary Judgment Standard (ORCP 47) …………………………………… 4
   3.2 Argument ………………………………………………………………………… 5
4. CONCLUSION ……………………………………………………………………………… 8
5. ORCP 47 C CERTIFICATION ……………………………………………………………… 9
6. NOTICE OF HEARING / REQUEST FOR ORAL ARGUMENT ………………………… 10
7. CERTIFICATE OF COMPLIANCE (UTCR 5.060) ……………………………………… 11
8. CERTIFICATE OF SERVICE (ORCP 9) ………………………………………………… 12

1. MOTION

Defendant [NAME] (“Defendant”) moves the Court, pursuant to Oregon Rule of Civil Procedure (“ORCP”) 47, for an Order granting summary judgment in Defendant’s favor on [all claims / the ___ claim(s)] asserted by Plaintiff [NAME] on the ground that there is no genuine issue as to any material fact and Defendant is entitled to judgment as a matter of law.

This Motion is based on the pleadings, the Concise Statement of Undisputed Material Facts (“CSMF”) set forth below, the accompanying declarations and exhibits, the Memorandum of Law herein, and the Court’s file and record in this action.

[// GUIDANCE: If partial summary judgment is sought, specify exactly which claim(s), issue(s), or affirmative defense(s) are at issue and track the language of the pleadings.]

2. CONCISE STATEMENT OF UNDISPUTED MATERIAL FACTS

(Required by ORCP 47 D)

Pursuant to ORCP 47 D, Defendant submits the following numbered material facts, each referenced to admissible evidence in the record:

[// GUIDANCE: 1) State facts in short, complete sentences; 2) cite page/paragraph numbers; 3) attach each exhibit with a red “Exhibit __” slip sheet. Omitting a CSMF is fatal to the motion.]

3. MEMORANDUM OF LAW

3.1 Summary Judgment Standard

Under ORCP 47 C, summary judgment “shall be rendered forthwith if the pleadings, depositions, affidavits, declarations, admissions, and answers to interrogatories show that there is no genuine issue as to any material fact and that any party is entitled to a judgment as a matter of law.”
• Burden of Production: The moving party must show that no genuine issue of material fact exists.
• Shifted Burden: Once satisfied, the non-moving party must set forth specific facts showing a genuine issue for trial.
• Evidentiary Standard: All evidence must be admissible under the Oregon Evidence Code (“OEC”). Conclusory allegations are insufficient. See ORCP 47 D.

[// GUIDANCE: Citations to specific case law are intentionally omitted to reduce the risk of error per Policy. Practitioners may bolster with controlling precedent.]

3.2 Argument

[// GUIDANCE: Break out by claim or element. Match each element of the claim with corresponding undisputed fact(s) and legal authority.]

3.2.1 [Claim / Element #1]

1. Element: [STATE ELEMENT].
2. Undisputed Facts: [REFERENCE CSMF Nos.].
3. Legal Analysis: [APPLY FACTS TO ELEMENT].
4. Result: Element cannot be met as a matter of law.

3.2.n [Next Claim / Element]

[Continue as needed.]

4. CONCLUSION

For the foregoing reasons, Defendant respectfully requests that the Court:

a. Grant summary judgment in favor of Defendant on [specify claims/issues];
b. Dismiss Plaintiff’s Complaint [or specified claims] with prejudice; and
c. Award Defendant its costs and disbursements incurred herein, as allowed by ORS 20.190.

5. ORCP 47 C CERTIFICATION

I, [ATTORNEY NAME], counsel for Defendant, hereby certify in accord with ORCP 47 C that (1) I have read the motion; (2) I am familiar with the affidavits, declarations, and supporting documents filed in support of this motion; and (3) I believe there is no genuine issue as to any material fact.

DATED: [DATE].

Respectfully submitted,

[ATTORNEY NAME] (OSB No. [######])
Attorney for Defendant

6. NOTICE OF HEARING / REQUEST FOR ORAL ARGUMENT

TO: [Opposing Counsel Name & Address]

PLEASE TAKE NOTICE that Defendant intends to bring this Motion on for hearing before the Honorable [Judge] in Courtroom [], at the [Courthouse Name], [Address], on [Date] at [Time], or as soon thereafter as counsel may be heard. Defendant estimates that [] minutes will be required for argument.

[// GUIDANCE: Confirm local SLR requirements for reserving hearing dates and for mandatory pre-filing conferences (see UTCR 5.030 and county SLR 5.061).]

7. CERTIFICATE OF COMPLIANCE (UTCR 5.060)

This memorandum complies with the word-count/page-limit imposed by UTCR 5.060. The body of the memorandum contains [] pages and [] words.

DATED: [DATE].

[ATTORNEY NAME] (OSB No. [######_])

8. CERTIFICATE OF SERVICE (ORCP 9)

I hereby certify that on [DATE] I served the foregoing DEFENDANT [NAME]’S MOTION FOR SUMMARY JUDGMENT, together with all supporting declarations and exhibits, upon the following parties:

• [Name, Address, Email] – [Method: Oregon eFile and e-service / hand delivery / first-class mail]

DATED: [DATE].

[ATTORNEY NAME]