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CARTON v. SHISLER

16 91 05714; CA A76583.

934 P.2d 448 (1997)

146 Or. App. 513

Mark CARTON, Appellant, v. Robert SHISLER, Respondent.

Court of Appeals of Oregon.

Decided February 19, 1997.

Attorney(s) appearing for the Case

Mark Carton, argued the cause and filed the briefs pro se.

John Kilcullen, Eugene, argued the cause for respondent. With him on the brief were Richard A. Roseta and Brown, Roseta, Long & McConville.

Before WARREN, P.J., and EDMONDS and ARMSTRONG, JJ.

ARMSTRONG, Judge.

Plaintiff appeals a verdict for defendant in a negligence action. We write only to address whether a trial court has authority under ORCP 36 C to issue a protective order that includes an award of attorney fees as a discovery expense. We conclude that it does have that authority.

Before trial, plaintiff notified defendant that he intended to perpetuate the testimony of several witnesses in California. In accordance with ORCP 39 I,

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