Carton v. Shisler

Plaintiff appeals a verdict for defendant in a negligence action. We write only to address whether a trial court has authority under ORCP 36 C to issue a protective order that includes an award of attorney fees as a discovery expense. We conclude that it does have that authority.

Before trial, plaintiff notified defendant that he intended to perpetuáte the testimony of several witnesses in California. In accordance with ORCP 391,1 defendant moved for a protective order under ORCP 36 C. The motion stated:

“Defendant respectfully requests an order either relieving him from the necessity of…