Motion for Summary Judgment/Partial Summary Judgment in Oregon

Background

“Oregon courts have been extremely reluctant to grant summary judgment motions.” (See Jones v. General Motors Corp. (1996) 139 Or. App. 244, 256.)

“To warrant summary judgment, the moving party must show that there are no genuine issues of material fact and that it is entitled to judgment as a matter of law.” (See Dowd v. Weyerhaeuser Co. (1981) 50 Or. App. 211, 214.)

“We review the record in the light most favorable to the party opposing the motion, giving that party the benefit of all reasonable and proper inferences of fact which can be drawn from the pleadings, depositions and affidavits.” (See id.)

General Information for Complaints and Motions

“When a motion for summary judgment is made and supported as provided in this rule an adverse party may not rest upon the mere allegations or denials of that party's pleading, but the adverse party's response, by affidavits or as otherwise provided in this section, must set forth specific facts showing that there is a genuine issue as to any material fact for trial.” (See Dowd v. Weyerhaeuser Co. (1981) 50 Or. App. 211, 215-16.)

“If the adverse party does not so respond, summary judgment, if appropriate, shall be entered against such party." (See id.)

Standard of Review and Burdens of Proof

“Under current law, the courts will not grant summary judgment where the court finds there is a genuine issue of material fact.” (See Jones v. General Motors Corp. (1996) 139 Or. App. 244, 255-56.)

“Some have expressed the view that under current law, a motion for summary judgment must be denied unless it is affirmatively shown beyond a reasonable doubt that there is no possibility of a question of fact of any kind.” (See id.)

“That view, in fact, expresses the current reluctance of courts to grant summary judgment.” (See id.)

“As the Oregon Court of Appeals has applied the standard in recent years, any dispute, however farfetched the opponent's position might be, seems to justify a denial of summary judgment.” (See id.)

The Court’s Decisions

It is well settled that “the purpose of summary judgment is to eliminate unnecessary trials when no question of material fact exists and when the moving party is entitled to judgment as a matter of law.” (See Mountain Fir Lumber Co. v. Temple Distributing Co. (1984) 70 Or. App. 192, 198.)

It is also well settled that “in a motion for summary judgment, the court does not weigh the evidence but must deny the motion if there is any disputed issue of material fact. The moving party, thus, must usually present some factual support for the motion.” (See Or. Educ. Ass'n v. Parks (2012) 253 Or. App. 558, 565.)