This form is a Defendant's Initial Document Request usable by defendants in cases with claims regarding licensing, patents, or commercial trade secrets.
Oregon Defendant Initial Document Request
State:
Multi-State
Control #:
US-TS11011E
Format:
Word;
PDF;
Rich Text
Instant download
Description
How to fill out Defendant Initial Document Request?
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FAQ
While interrogatories and expert discovery are not permitted, other discovery is allowed. ORCP 36 provides that ?For all forms of discovery, parties may inquire regarding any matter, not privileged, which is relevant to the claim or defense of the party seeking discovery or to the claim or defense of any other party?.
Complaint/Petition Usually the first document filed in a lawsuit is the Complaint (or Petition), which provides an outline of the plaintiff's (petitioner's) case against the defendant (respondent).
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).
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 ...
Parties may obtain discovery by one or more of the following methods: depositions on oral examination or written questions; production of documents or things or permission to enter land or other property for inspection and other purposes; physical and mental examinations; and requests for admission.
Pleadings/Filing The Complaint ?Pleadings? are the complaint plus certain other documents filed by both the plaintiff and the defendant, relating to the case. This will include the ?answer,? which is the defendant's response to the complaint, laying out the reasons why the suit should not prevail.
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.
Discovery is how you gather the evidence you will need to prove your case as plaintiff, or defeat the plaintiff's case as a defendant. You use discovery to find out things like: What the other side plans to say about an issue in your case. What facts or witnesses support their side.
