Pamplin v. Victoria

This case involves the application of ORCP 46 B(2)(c), which provides in part:

“If a party * * * fails to obey an order to provide or permit discovery, * * * the court in which the action is pending may make such orders in regard to the failure as are just, including among others, the following:

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“(c) An order * * * dismissing the action or any part thereof, or rendering a judgment by default against the disobedient party[.]”

We hold that a trial court that imposes the sanction of dismissal under ORCP 46 B(2)(c) must make findings of fact and must explain why that sanction is ‘…