Form 5-4 Motion for Separate Trial of Issue

• Library: Oregon Civil Pleading and Litigation (OSBar) (2020 Ed.)

Form 5-4 Motion for Separate Trial of Issue

IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF __________

__________, Plaintiff,

v.

__________, Defendant.

Case No. ___

DEFENDANT'S MOTION FOR SEPARATE TRIAL OF ISSUE

1.

Pursuant to ORCP 53 B, defendant moves the court for an order for separate trial of the issue of effectiveness of the release alleged in defendant's answer, because separate trial of such issue would be convenient, would avoid prejudice, and would be economical.

2.

This motion is supported by the attached affidavit of __________, filed herein.

POINTS AND AUTHORITIES 3.

A finding at separate trial that defendant had been released would obviate the need to try the issues of liability and damages. If separate trial is not allowed, the fact that defendant carried liability insurance would be disclosed to the prejudice of defendant on the issues of liability and damages.

DATED: __________, 20___.

/s/__________

[lawyer's name]

[OSB no.]

[address]

[telephone no.]

[fax no. ]

[ email address]

Attorney for Defendant

Trial Attorney: [name]

[OSB no.]

NOTE: Se

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