Larsen v. Selmet, Inc.

Summary

The Oregon Supreme Court held that a motion to substitute the real party in interest under ORCP 26 A is governed by the same liberal amendment standard applicable under ORCP 23 A. Substitution should be allowed unless it would unfairly prejudice the opposing party, and the plaintiff's honesty or good faith is not the proper focus of that inquiry. Because the trial court applied the wrong standard and the defendant did not claim unfair prejudice, the court reversed and remanded.