Portland, OR asked in Divorce for Oregon

Q: If ex violates court order, should that be addressed before any further discovery?

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1 Lawyer Answer
Vincent J. Bernabei
Vincent J. Bernabei
  • Beaverton, OR
  • Licensed in Oregon

A: Oregon courts permit "discovery" of “any matter, not privileged, that is relevant to the claim or defense” of any party. The document or infor­mation being sought need not be admissible in court as long as it “appears reasonably calculated to lead to the discovery of admissible evidence.”

Discovery is the process of obtaining documents and information from the other parties and from witnesses.

Typical formal discovery may include production of financial and other records, depositions upon oral questioning, and subpoenas issues to third parties.

The obligation to provide discovery usually is not contingent on whether the other party has complied with a court order. You should consult with an attorney to discuss the nature of the violation of the court order and whether the court has imposed or might impose discovery-related sanctions as a result of the violation of the court order.

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