Gwin v. Lynn

The issue in this original proceeding in mandamus is whether a person who is a prospective expert witness in a civil action can also be a “fact” witness 1 and, as such, can be deposed before trial pursuant to ORCP 36 B. 2 The trial court ruled, in essence, that a person could not be both a fact witness and an expert witness and, based on assurances by the objecting parties (plaintiffs) that the person in question would be testifying on their behalf as an expert witness at trial, denied the opposing party’s (defendant’s) motion to compel pretrial examination of the person. Defendant then…