Oregon Notice to Take Deposition - Discovery

State:
Multi-State
Control #:
US-00904
Format:
Word; 
Rich Text
Instant download

Description

Defendant submits his/her notice to take depositions from day to day until completed. The form also contains a Certificate of Service which states that a true and correct copy of the Notice to Take Deposition was mailed via U.S. Mail and
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FAQ

(1) Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of deponent as a witness, or for any other purpose permitted by the Federal Rules of Evidence.

All objections to any testimony or evidence taken at the deposition shall be made at the time and noted upon the record. The court before which the testimony is offered shall rule on any objections before the testimony is offered. Any objections not made at the deposition shall be deemed waived.

Product Liability Civil Actions: ORS 30.905 (dealing with product liability civil actions) has a ?discovery rule? and provides that, if death occurs, such actions must be commenced before the earlier of (1) 3 years after the date of death; (2) 10 years after the product was first purchased for use or consumption; or (3 ...

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.

Taking depositions is one of the most common methods of discovery, as statements given under oath enables parties to know in advance what a witness will say at a trial.

During the discovery phase, both parties learn what the other knows about the evidence by asking for certain documents, asking for answers to interrogatories, and taking depositions of witnesses who are under oath.

The three forms of discovery are: Written - This form of discovery takes place on paper. ... Document Production - This form of discovery involves an exchange of documents. ... Oral - Sometimes known as depositions, this form of discovery allows parties to gain sworn statements from involved individuals.

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).

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.

(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.

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Oregon Notice to Take Deposition - Discovery