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Oregon Petition and Order to Register Foreign Deposition Instrument and Issue Subpoenas

State:
Oregon
Control #:
OR-SKU-1574
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Description

Petition and Order to Register Foreign Deposition Instrument and Issue Subpoenas

The Oregon Petition and Order to Register Foreign Deposition Instrument and Issue Subpoenas is a legal document used to obtain evidence from an individual or entity outside the United States. This document is filed in the state of Oregon, and can be used in any number of legal proceedings. It applies to civil and criminal proceedings, and can be used to gather evidence for discovery, depositions, or for trial. This document is used to compel a non-U.S. citizen or entity to provide evidence in a case. The Oregon Petition and Order to Register Foreign Deposition Instrument and Issue Subpoenas can be divided into two types: 1) the Original Petition and Order, and 2) the Amended Petition and Order. The Original Petition and Order is the first document filed in Oregon; it states the facts and requests that a foreign deposition instrument and subpoenas be issued. The Amended Petition and Order is a modified version of the Original Petition and Order, and can be used if new information is needed or if the parties involved have changed. Once the Petition and Order is filed, the court can issue a deposition instrument and subpoenas to the non-U.S. citizen or entity. The deposition instrument and subpoenas will compel the individual or entity to provide evidence in a case. The evidence gathered from the deposition instrument and subpoenas can then be used in a trial or other legal proceedings.

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FAQ

The clerk of the court in which the action is pending may issue a subpoena to a party on request. Blank subpoenas must be completed by the requesting party before being served.

The certificate must indicate the time, place and manner of service, that the server is a competent person of at least 18 years of age and is a resident of the state of service or of this state and that the server reasonably believes that the person served is the identical one named in the summons.

ORCP 12 ? PLEADINGS LIBERALLY CONSTRUED; DISREGARD OF ERROR All pleadings shall be liberally construed with a view of substantial justice between the parties. B Disregard of error or defect not affecting substantial right.

FOREIGN SUBPOENAS AND DEPOSITIONS IN OREGON A foreign subpoena issued by a foreign jurisdiction must be presented to the clerk of court in the county where discovery is to be performed inside this state in order to obtain a subpoena issued.

Oregon Rules of Civil Procedure (ORCP) Rule 7D(6) allows a court to order alternative methods of service if service cannot be made by any other method specified by rule or statute. Service may be made by any method or combination of methods most reasonably calculated to advise the recipient of the action.

Rule 37 authorizes the court to direct that parties or attorneys who fail to participate in good faith in the discovery process pay the expenses, including attorney's fees, incurred by other parties as a result of that failure. Since attorneys' fees cannot ordinarily be awarded against the United States (28 U.S.C.

Service shall be made by delivering a copy of the subpoena to the witness and giving or offering the fees for travel to and from the hearing and at least the first day's attendance fee. Service must be made so as to allow a reasonable time for preparation and travel time to the hearing.

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Oregon Petition and Order to Register Foreign Deposition Instrument and Issue Subpoenas