Las Vegas, NV asked in Civil Litigation and Medical Malpractice for Oregon

Q: How can a court reopen discovery without a motion in Oregon?

In a case concerning delay in treatment with allegations of aiding and abetting in the practice of medicine, discovery was reopened by the court without a motion from either party. The defendants responded to my motion by stating that discovery needed to be reopened and that outside assistance should be appointed. The reopening of discovery impacted my motion in opposition to the defendants' summary judgment. During discovery, the defendant objected to all my production of documents, and their motion was labeled a fraud. How can a court reopen discovery in such a situation?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: In Oregon, a court has the discretion to reopen discovery even without a formal motion from either party, especially if it believes that fairness and justice require it. The court might act on its own initiative if it feels that crucial evidence has not been adequately examined or if new circumstances have come to light that would affect the case.

In situations where a party has hindered the discovery process or engaged in misconduct, such as fraud, the court may feel compelled to take action to ensure that the case proceeds on a fair basis. It’s also possible that the court reopened discovery due to concerns about the defendants’ objections to document production or other procedural issues.

If you believe that the reopening of discovery has impacted your case, you can raise this issue during motions or hearings, requesting that the court address your concerns or clarify its reasons for reopening the discovery period. If there’s misconduct or bad faith involved, the court may take steps to address that as well

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