SLR 5-18.021: FORCIBLE ENTRY AND DETAINER (FED) LANDLORD TENANT TRIALS; DISCOVERY PROCEDURES

DISCOVERY PROCEDURES (1) As authorized by ORS 105.130, the statutory timelines for FED cases are inconsistent with the discovery practices of ORCP 36. Under ORS 1.010(3), courts may provide for Page 36 of 37 the orderly conduct of proceedings generally. Therefore, in all FED cases, both parties must exchange all documents, photographs, videos and other tangible evidence that they intend to use at trial before the trial day, unless a party’s attorney secures court approval of a different discovery method for a particular case. (2) If a party attempts to use evidence at an FED trial that was not exchanged prior to the day of trial as required by this rule, then the court may exclude that evidence in its sole discretion.