Oregon City, OR asked in Landlord - Tenant and Small Claims for Oregon

Q: In Oregon small claims trial, phone/ video trial, what if Plaintiff misses a deadline for sending evidence to the court?

If the Plaintiff did not send documents, exhibits to the Defendant 7 days before the video/phone trial, can the Plaintiff enter any evidence on the day of the trial? Should the Defendant object to any evidence presented?

1 Lawyer Answer
Gregory L Abbott
Gregory L Abbott
  • Landlord Tenant Lawyer
  • Portland, OR
  • Licensed in Oregon

A: Yes the defendant should (and likely will) object. The penalty, if any, is up to the Judge. They could go forward anyway; they could dismiss the plaintiff's case for failure to comply with the rules; the judge issue a continuance with instructions to finish the production and come back to court another day after that. Or something else that the Judge comes up with. All told though, the plaintiff may (or may not) have seriously harmed its case unless they have a very good story to the Judge as to why they failed to timely comply. If the plaintiff wants to avail themselves of the court and its powers, then they also have to comply and respect those powers as well. Some Judges may view not timely complying with the rules as a slap in their face - and that would never be good.

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