(a) General. Discovery shall be conducted expeditiously by the parties, and shall be completed within fourteen (14) days prior to the date of hearing, unless the Adjudicator extends the time either by stipulated motion, or for good cause shown.(b) Permitted Discovery. (1) Requests for admission, requests for production of documents, and depositions may be utilized in disciplinary proceedings.(2) The manner of taking depositions shall conform as nearly as practicable to the procedure set forth in the Oregon Rules of Civil Procedure. Subpoenas may be issued when necessary by the Adjudicator, Bar Counsel, Disciplinary Counsel, the respondent or their attorney of record. Depositions may be taken any time after service of the formal complaint.(3) Transcripts of depositions in disciplinary proceedings shall comply with the Oregon Rules of Appellate Procedure as to form. A person who is deposed may request at the time of deposition to examine the person's transcribed testimony. In such case, the procedure set forth in the Oregon Rules of Civil Procedure shall be followed as practicable.(4) The manner of making requests for the production of documents shall conform as nearly as practicable to the procedure set forth in the Oregon Rules of Civil Procedure. Requests for production may be served any time after service of the formal complaint with responses due within 21 days.(5) The manner of making requests for admission shall conform as nearly as practicable to the procedure set forth in the Oregon Rules of Civil Procedure. Requests for admission may be served any time after service of the formal complaint with responses due within 21 days.(c) Discovery Procedure. The Adjudicator shall resolve all discovery questions.(d) Limitations on Discovery. In the exercise of their discretion, the Adjudicator shall impose such terms or limitations on the exercise of discovery as may appear necessary to prevent undue delay or expense in bringing the matter to hearing and to promote the interests of justice.(e) Discovery Sanctions. For failure to provide discovery as required under BR 4.5, the Adjudicator may make such rulings as are just, including, but not limited to, the following: (1) A ruling that the matters regarding which the ruling was made or any other designated fact are taken to be established for the purposes of the proceeding in accordance with the claim of the party obtaining the ruling; or(2) A ruling refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting the disobedient party from introducing designated matters in evidence. Any witness who testifies falsely, fails to appear when subpoenaed, or fails to produce any documents pursuant to subpoena is subject to the same orders and penalties to which a witness before a circuit court is subject. Subpoenas issued pursuant to this rule may be enforced by application of the Bar or the respondent to any circuit court. The circuit court shall determine what sanction to impose, if any, for noncompliance.
(f) Rulings Interlocutory. Discovery rulings are interlocutory.Rule 4.5c amended by Order dated February 23, 1988. Rule 4.5b amended by Order April 4, 1991, effective 4/15/1991. Rule 4.5a and c amended by Order dated February 5, 2001. Rule 4.5c amended by Order dated June 17, 2003, effective 7/1/2003. Rule 4.5a, 4.5b2, 4.5b3, 4.5c, 4.5d, 4.5e, 4.5e1, and 4.5e2 amended by Order dated May 3, 2017, effective 1/1/2018. Rule 4.5(a) through (d) amended by Order dated December 26, 2023, effective 1/1/2024.