Oregon Law Review : Vol. 89, No. 4, p. 1445-1474 : A Proportional Response: Amending the Oregon Rules of Civil Procedure to Minimize Abusive Discovery Practices
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.