Oregon Sample Letter to Clerk for filing Joint Motion for Leave to Propound Additional Discovery
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How to fill out Sample Letter To Clerk For Filing Joint Motion For Leave To Propound Additional Discovery?
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FAQ
Under the Oregon rules, the scope of discovery extends to any matter, not privileged, that is relevant to the claim or defense of any party. Material sought need not be admissible if it is reasonably calculated to lead to the discovery of admissible evidence. ORCP 36 B(1).
At any time before trial, any person who has an interest in the matter in litigation may, by leave of court, intervene. In exercising its discretion, the court shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties.
A fully completed Oregon subpoena, along with two copies, and a declaration and request for issuance of a subpoena, affirming that the foreign subpoena was issued by a court of record of a state, must be submitted to the court. Any qualified attorney in Oregon may help the clerk in crafting the subpoena.
In Oregon, under the Uniform Interstate Depositions and Discovery Act (UIDDA), litigants can present a clerk of the court located in the state where discoverable materials are sought with a subpoena issued by a court in the trial state.
The court may quash or modify the subpoena if the subpoena is unreasonable and oppressive or may require that the party who served the subpoena pay the reasonable costs of production.
The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which does not affect the substantial rights of the adverse party.
(2) To obtain discovery in the State of Oregon for a proceeding pending in a foreign jurisdiction not subject to ORCP 38 C, a party must file a writ, mandate, commission, letter rogatory, or order executed by the appropriate authority in the foreign jurisdiction with a circuit court of this state.
ORCP 69 requires the court or clerk to enter an order of default on a showing by affidavit or declaration that a party against whom a judgment is sought has been served with Summons or is otherwise subject to the jurisdiction of the Court and has failed to plead or otherwise defend within the time set by law.
