DeWitt v. Vezzini

Plaintiff's Motion to Quash Defendants' Subpoena Duces Tecum


This is a motion for an Order Quashing a Subpoena Duces Tecum by defendants' on the grounds that materials sought to be produced are privileged and/or constitute work product in that they were prepared in anticipation of litigation. In thew motion, the plaintiff also seeks a Protective Order to prevent defendant from attempting to obtain plaintiff's medical records and other protected information in violation of plaintiff's privileges.

The brief argues that: ORS 746.600(25) defines materials prepared by a insurance company in connection with, or in reasonable anticipation of a claim for insurance benefits, or a civil or criminal proceeding involving the individual, as privileged information. Plaintiff's personal injury protection (hereinafter referred as to “PIP”) file contains information prepared by both the insurance carrier and by plaintiff in anticipation of trial. Such information includes, but is not limited to, the PIP application, statements made by plaintiff, investigative materials, medical records, medical bills and correspondence to and from plaintiff's attorney.

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Reference Info:Legal Memoranda: Discovery Motions | State, 9th Circuit, Oregon | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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