What happens in Oregon if the other side doesn't respond to a motion for summary judgment?

It is not automatically granted. ORCP 47 D says the court shall grant the motion 'if appropriate' when the adverse party does not respond, so the court must still find no genuine issue as to any material fact and that the moving party is entitled to prevail as a matter of law before ruling in the movant's favor.

How soon before trial must an Oregon summary judgment motion be filed?

The motion and all supporting documents must be served and filed at least 60 calendar days before the date set for trial, though the court has discretion to modify this deadline and the other Rule 47 time periods (ORCP 47 C).

Is there a hearing on an Oregon motion for summary judgment?

Not automatically. The court decides the motion on the papers unless the moving party requests oral argument in the motion's caption, or a responding party requests it in the response's caption; the court must allow it unless it receives documents that resolve the pending motion before the time set for hearing (UTCR 5.050(1)).

What is Oregon's unnamed-expert attorney affidavit under ORCP 47 E?

If a fact requires expert testimony to oppose summary judgment, the adverse party can defeat the motion on that point using only its own attorney's affidavit or declaration stating that a retained, willing expert exists and holds a favorable opinion, without identifying the expert by name (ORCP 47 E).

What happens if someone files a bad-faith affidavit in Oregon summary judgment practice?

ORCP 47 G requires the court to order the party who filed a bad-faith affidavit or declaration to pay the other party the amount of the reasonable expenses, including reasonable attorney fees. This sanction is mandatory, not discretionary.

Is an Oregon motion for summary judgment the same as a motion to dismiss or a motion to set aside a default?

No. A motion to dismiss and a motion to set aside a default judgment are different procedures with their own timing rules and are not covered on this page.

Does this page cover a motion for summary judgment in federal court in Oregon?

No. This page covers a civil motion for summary judgment in Oregon circuit court under ORCP 47. A motion for summary judgment in federal court, including federal courts sitting in Oregon, follows Federal Rule of Civil Procedure 56 rather than ORCP 47.

Oregon Motion for Summary Judgment

Q: How long does the adverse party have to respond to an Oregon motion for summary judgment?

The adverse party, the party who was served with the motion, has 20 calendar days to serve and file opposing affidavits or declarations and supporting documents, computed under ORCP 10 (ORCP 47 C; ORCP 10 A). The rule does not state what event starts the 20-day period.

Q: Does Oregon require a separate statement of undisputed material facts for summary judgment?

No. Unlike California or New Jersey, Oregon has no rule requiring a separate statement. The motion instead rests on the pleadings, admissions, and any supporting affidavits or declarations, along with the memorandum of law every motion must include (ORCP 47 D; UTCR 5.020(1)).

Q: Can a party get partial summary judgment in Oregon?

Yes. ORCP 47 A and B authorize judgment on all or any part of a claim or defense directly, with no separate motion needed. A grant covering fewer than all parties or claims becomes a final, appealable limited judgment only if the court makes the express findings required by ORCP 67 B (ORCP 47 H).

Oregon ties summary judgment to the trial date rather than a hearing date: the motion must be filed at least 60 calendar days before trial, the adverse party has 20 calendar days to oppose, and the movant has 5 days to reply, computed under ORCP 10 and ORCP 47 C, with the court free to modify these periods.

Find out where you stand in Oregon

Which side of the motion are you on?

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Introduction

Oregon summary judgment practice runs on the trial date, not a noticed hearing date. The motion and all supporting documents must be served and filed at least 60 days before the date set for trial, though the court has discretion to modify this and the other Rule 47 time periods (ORCP 47 C). A party seeking to recover on a claim, or seeking a declaratory judgment, may move for summary judgment any time after 20 days from the commencement of the action, or immediately after the adverse party serves its own summary judgment motion (ORCP 47 A). A party defending against a claim may move at any time, with no waiting period (ORCP 47 B). The adverse party has 20 days to serve and file opposing affidavits or declarations and supporting documents, and the moving party has 5 days to reply (ORCP 47 C); the rule does not state what event starts either period. These periods are calendar days as computed under ORCP 10: weekends and holidays count except as the final day of a period, periods shorter than 7 days exclude intervening weekends and holidays, and ORCP 10 B adds 3 days for service by mail, e-mail, fax, or electronic service (ORCP 10 A, B). Oregon has no separate hearing-notice period in Rule 47, and no hearing is automatic: oral argument must be requested by the moving party in the motion's caption or by a responding party in the response's caption, with an estimate of the time needed, and the court must allow it unless it receives documents that resolve the pending motion before the time set for hearing; without a request, the motion is decided on the papers (UTCR 5.050(1)). The court grants the motion if the pleadings, depositions, affidavits, declarations, and admissions on file show no genuine issue as to any material fact and the moving party is entitled to prevail as a matter of law, and no genuine issue exists if, viewing the record most favorably to the adverse party, no objectively reasonable juror could return a verdict for that party on the matter the motion addresses (ORCP 47 C). The objectively-reasonable-juror sentence was added by Oregon Laws 1995, chapter 618, and the 60-day cutoff was set by Oregon Laws 2003, chapter 194. Every motion, including this one, must include a memorandum of law or statement of authority explaining how the authorities cited support the motion (UTCR 5.020(1)). Unlike some states, Oregon has no rule requiring a separate statement of undisputed material facts; the motion instead rests on the pleadings, admissions, and any supporting affidavits or declarations, which must be made on personal knowledge, set out admissible facts, and show the affiant's competence (ORCP 47 D). If a fact requires expert testimony to oppose, the adverse party may defeat the motion on that point with nothing more than its attorney's own affidavit or declaration stating that a retained, willing expert exists and has given a favorable opinion, without naming the expert (ORCP 47 E). An affidavit or declaration filed in bad faith carries a mandatory sanction: the court must order the filing party to pay the other side's reasonable expenses, including reasonable attorney fees (ORCP 47 G). Judgment on all or part of a claim or defense is available directly under Rule 47 without a separate motion, but a grant covering fewer than all parties or claims becomes a final, appealable limited judgment only if the court makes the express findings Rule 67 B requires (ORCP 47 H). Both the party who filed the motion and the party who was served with it need to track these dates: a respondent who misses the 20-day window risks having the court decide the motion without any opposing evidence, though the court must still find no genuine issue and entitlement to judgment as a matter of law before granting it, even if the motion is unopposed. Summary judgment is technical and is often lost on procedure rather than the merits, and attorney review is available before filing or responding. This page covers a civil motion for summary judgment in Oregon circuit court under ORCP 47. It does not cover a motion to dismiss or a motion to set aside a default judgment, which are different procedures, and it does not cover summary judgment in federal court, which follows Federal Rule of Civil Procedure 56 rather than ORCP 47.

Key Things to Know

1
The motion must be filed at least 60 calendar days before trial, the adverse party has 20 calendar days to serve and file opposing affidavits or declarations, and the moving party has 5 days to reply, a period under 7 days that excludes intervening weekends and holidays; all are computed under ORCP 10 and modifiable by the court (ORCP 47 C).
2
If you were served with an Oregon summary judgment motion, ORCP 47 C gives you 20 days to serve and file opposing affidavits or declarations, but the rule does not state what event starts that period, so confirm how it is being counted in your case.
3
An Oregon summary judgment motion is not automatically granted just because the other side does not respond. ORCP 47 D says the court shall grant the motion 'if appropriate' when the adverse party does not respond, meaning the court must still find no genuine issue as to any material fact and that the moving party is entitled to prevail as a matter of law.
4
The 'objectively reasonable juror' sentence in ORCP 47 C was added by Oregon Laws 1995, chapter 618, and the 60-day pre-trial filing cutoff was set by Oregon Laws 2003, chapter 194. Oregon Laws 2007, chapter 339 amended sections C, D, and F effective January 1, 2008.
5
Every motion must include a memorandum of law or statement of authority (UTCR 5.020(1)). Unlike California or New Jersey, Oregon has no rule requiring a separate statement of undisputed material facts; the motion rests on the pleadings, admissions, and any supporting affidavits or declarations instead (ORCP 47 D).
6
If a fact requires expert testimony, the adverse party can defeat the motion on that point using only its attorney's affidavit swearing that a retained, willing expert exists and holds a favorable opinion, without naming the expert (ORCP 47 E). A bad-faith affidavit triggers a mandatory award of the other side's reasonable expenses and attorney fees (ORCP 47 G).
7
No hearing is automatic: the court decides the motion on the papers unless the moving party requests oral argument in the motion's caption or a responding party requests it in the response's caption (UTCR 5.050(1)). This page does not cover a motion to dismiss, a motion to set aside a default judgment, or summary judgment in federal court, which follows Federal Rule of Civil Procedure 56.

Key decisions before you file

Before you file a Motion for Summary Judgment in Oregon, a few decisions shape the document: which option to choose and what each one means. The Motion for Summary Judgment guide walks through them.

Open the Motion for Summary Judgment guide

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[CASE NUMBER]

[PLAINTIFF NAME], Plaintiff,

[DEFENDANT NAME], Defendant.

IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF [COUNTY]

Case No. [CASE NUMBER]

[NAME OF MOVING PARTY]'S MOTION FOR SUMMARY JUDGMENT [IF APPLICABLE: AS TO DESCRIPTION OF THE CLAIM OR DEFENSE] [IF APPLICABLE: AND REQUEST FOR ORAL ARGUMENT]

TO THE COURT AND ALL PARTIES:

[NAME OF MOVING PARTY], [PLAINTIFF OR DEFENDANT], moves this Court under ORCP 47 for an order granting summary judgment in favor of Movant and against [NAME OF ADVERSE PARTY] [IF APPLICABLE: as to DESCRIPTION OF THE CLAIM OR DEFENSE], on the ground that there is no genuine issue as to any material fact and Movant is entitled to prevail as a matter of law.

[IF APPLICABLE: Movant requests oral argument and estimates ESTIMATE OF TIME NEEDED for argument. Official court reporting services ARE OR ARE NOT requested.]

I. GROUNDS

[NUMBERED GROUNDS, EACH IDENTIFYING THE MATERIAL FACT OR ELEMENT AS TO WHICH NO GENUINE ISSUE EXISTS]

II. SUPPORTING RECORD

This motion is based on the pleadings and admissions on file [IF APPLICABLE: and the following supporting affidavits or declarations, each made on personal knowledge, setting out facts that would be admissible in evidence, and showing the affiant's competence to testify: LIST OF AFFIDAVITS OR DECLARATIONS], together with the accompanying Memorandum of Law.

III. STATEMENT OF MATERIAL FACTS

[NUMBERED STATEMENT OF EACH FACT MOVANT CONTENDS IS UNDISPUTED, EACH WITH A CITATION TO THE SUPPORTING RECORD ABOVE]

MEMORANDUM OF LAW

I. INTRODUCTION

[SUMMARY OF THE ACTION AND THE GROUNDS FOR THE MOTION]

II. LEGAL STANDARD

The court shall grant the motion if the pleadings, depositions, affidavits, declarations, and admissions on file show that there is no genuine issue as to any material fact and that the moving party is entitled to prevail as a matter of law. ORCP 47 C.

III. ARGUMENT

[APPLICATION OF THE STANDARD TO THE UNDISPUTED FACTS ABOVE, ELEMENT BY ELEMENT]

IV. RELIEF REQUESTED

Movant asks the Court to grant this motion and enter judgment in Movant's favor [IF APPLICABLE: as to DESCRIPTION OF THE CLAIM, DEFENSE, OR PART], and for such other relief the Court deems proper.

Respectfully submitted,

[SIGNATURE] [NAME OF ATTORNEY OR PARTY] [ADDRESS] [CITY, OREGON ZIP] [PHONE] [EMAIL] [OREGON STATE BAR NUMBER, IF AN ATTORNEY]

CERTIFICATE OF SERVICE

I certify that on [DATE OF SERVICE], being at least 60 calendar days before the date set for trial, a true and correct copy of this Motion, Memorandum of Law, [IF APPLICABLE: and the supporting affidavits or declarations listed above,] was served on [NAME OF ADVERSE PARTY OR COUNSEL OF RECORD] by [METHOD OF SERVICE], and that under ORCP 47 C, the adverse party has 20 days in which to serve and file opposing affidavits or declarations and supporting documents.

[SIGNATURE] [NAME]

Oregon Requirements for Motion for Summary Judgment

20-Day Opposition Period
The adverse party has 20 calendar days to serve and file opposing affidavits or declarations and supporting documents, computed under ORCP 10 and modifiable by the court; ORCP 47 C does not state what event starts the period.
5-Day Reply Period
The moving party has 5 days to reply (ORCP 47 C); because this period is shorter than 7 days, intervening weekends and holidays are excluded from the count under ORCP 10 A.
60-Day Filing Cutoff Before Trial
The motion and all supporting documents must be served and filed at least 60 calendar days before the date set for trial, though the court has discretion to modify this and the other ORCP 47 C time periods.
Earliest Filing Depends on Which Party Moves
A claimant may move for summary judgment any time after 20 days from commencement of the action, or immediately if the adverse party has already served its own summary judgment motion (ORCP 47 A). A defending party may move at any time, with no waiting period (ORCP 47 B).
No Separate Statement of Undisputed Facts Required
ORCP 47 contains no requirement for a separate statement of undisputed material facts. The motion instead rests on the pleadings, admissions, and any supporting affidavits or declarations filed with it (ORCP 47 A, D).
Statewide Memorandum of Law Required for Every Motion
Every motion, including one for summary judgment, must include a memorandum of law or statement of authority explaining how the cited authorities support the motion (UTCR 5.020(1)).
Unnamed-Expert Attorney Affidavit Can Defeat the Motion
Where expert testimony is needed to oppose the motion, the adverse party's attorney may submit an affidavit or declaration attesting that a retained, willing expert exists and holds a favorable opinion, without naming the expert (ORCP 47 E).
Mandatory Fee-Shifting for Bad-Faith Affidavits
If an affidavit or declaration is filed in bad faith, the court must order the filing party to pay the other party the amount of the reasonable expenses, including reasonable attorney fees (ORCP 47 G).
Limited Judgment Requires ORCP 67 B Findings
A grant of summary judgment for fewer than all parties or claims does not become a final, appealable judgment unless the court makes the express determination required by ORCP 67 B for a limited judgment (ORCP 47 H).

Find out where you stand in Oregon

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion for Summary Judgment Template with DocDraft

Oregon Requirements for Motion for Summary Judgment

20-Day Opposition Period

5-Day Reply Period

60-Day Filing Cutoff Before Trial

Earliest Filing Depends on Which Party Moves

No Separate Statement of Undisputed Facts Required

Statewide Memorandum of Law Required for Every Motion

Unnamed-Expert Attorney Affidavit Can Defeat the Motion

Mandatory Fee-Shifting for Bad-Faith Affidavits

Limited Judgment Requires ORCP 67 B Findings

Frequently Asked Questions