Oregon Designation of Expert

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Multi-State
Control #:
US-0475-WG
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Designation of Expert
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FAQ

If scientific, technical or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training or education may testify thereto in the form of an opinion or otherwise.

Federal Rule of Civil Procedure (?FRCP?) 30(b)(6) governs the depositions of organizations, including corporations, partnerships, associations, and governmental agencies. The party seeking to depose the organization must ?describe with reasonable particularity the matters for examination? in its deposition notice.

C(6) Deposition of organization. A party may in the notice and in a subpoena name as the deponent a public or private corporation or a partnership or association or governmental agency and describe with reasonable particularity the matters on which examination is requested.

While interrogatories and expert discovery are not permitted, other discovery is allowed. ORCP 36 provides that ?For all forms of discovery, parties may inquire regarding any matter, not privileged, which is relevant to the claim or defense of the party seeking discovery or to the claim or defense of any other party?.

The Oregon Rules of Civil Procedure govern civil proceedings in Oregon circuit courts.

First, it is always important to remember what distinguishes a percipient witness, who is asked to recount something that he or she perceived, from an expert witness, who is asked to express an opinion about something in the case.

(1) After commencement of any action, any party wishing to perpetuate the testimony of a witness for the purpose of trial or hearing may do so by serving a perpetuation deposition notice.

Under FRCP 30(b)(6) and ORCP 39(c)(6) (collectively ?Rule 30(b)(6)?), a party to a lawsuit has the right to issue a notice for the deposition of a ?public or private corporation, a partnership, an association, a governmental agency or other entity.? The notice must ?describe with reasonable particularity the matters ...

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Oregon Designation of Expert