Form 5-5 Affidavit in Support of Motion for Separate Trial of Issue

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

Form 5-5 Affidavit in Support of Motion for Separate Trial of Issue

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

__________, Plaintiff,

v.

__________, Defendant.

Case No. ___

AFFIDAVIT OF __________

IN SUPPORT OF DEFENDANT'S MOTION FOR SEPARATE TRIAL OF ISSUE

STATE OF __________

ss.

County of __________

I, __________, being first duly sworn, say:

1. I am one of the lawyers for defendant.

2. The attached motion for separate trial of issue is not made for the purpose of delay.

3. The above-captioned claim involves significant issues of liability and damages. The issue of release is entirely separate from the issues of liability and damages. A finding at a separate trial that defendant had been released would obviate the need to try the issues of liability and damages.

4. 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...