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Robinson v. Lamb's Wilsonville Thriftway9/15/1999
plication for judgment, or may order a continuance to permit affidavits to be obtained or depositions to be taken or discovery to be had, or may make such other order as is just."
Should a party file for summary judgment prematurely, the trial court has discretion to deny the motion or postpone its determination until discovery is more thoroughly conducted. In this case, plaintiff did not request a continuance under ORCP 47 F. Furthermore, she had over eight months after filing her complaint in which to discover and produce evidence before the motion was decided and did not do so. Although plaintiff apparently prefers to wait until trial to introduce evidence favorable to her position, that strategy was explicitly disapproved in Seeborg where, as here, the defendant's evidence exposes the nonexistence of genuine issues of material fact on summary judgment. 284 at 699, 702.
Affirmed.
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