Q: In Oregon, for a trial by declaration for a traffic violation is my written declaration subject to discovery?
I requested discovery for the officer's notes and they asked for 'reverse-discovery' from me. I hope that clears up the ambiguity.
A:
Your question is a bit ambiguous. It isn't so much a matter of discovery as it is that your declaration would be considered your testimony, and it isn't going to be hidden from the opposing party. If you are asking if you should send a copy of your declaration to the opposing side (law enforcement) for a violation trial by declaration, then the answer is no, you are only obligated to send it to the court, but the opposing party is entitled to view it. So for instance, if the citing officer was unable to appear and wrote a declaration and submitted it to the court within the allowable time frame (often mentioned on the back of your citation) then the defendant would be able to receive a copy, or view that declaration. In my experience, law enforcement rarely writes declarations, usually choosing to appear at hearings even if the defendant files a declaration.
Many times the court would provide a copy of the declaration to the opposing party at the time of the trial if one party appears.
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