(University of Oregon School of Law, 2011) Nicholls, Jennifer
This Comment begins by looking at the Federal Rules of Civil
Procedure relating to discovery, the purpose and goals of discovery,
as well as the three primary federal limitations on discovery, with a
particular emphasis on the Proportionality Rule and its needed
limitations on discovery, particularly in light of e-discovery. Next,
this Comment will examine discovery rules in Oregon, the goals of
discovery in Oregon, Oregon’s two limitations on discovery, and,
finally, the conspicuous absence of the Proportionality Rule. This
Comment concludes with a call for the Proportionality Rule to be
adopted in Oregon because it is consistent with both the goals of the
Oregon Rules of Civil Procedure (ORCP) and the purpose of
discovery in civil litigation, and, additionally, it is a needed limitation
given the profound impact e-discovery has and will continue to have
on litigation in this state.
