SmoolyNog
Jun 22, 2010, 09:20 PM
I am in Oregon... I have file a complaint for damages alleging wrongful foreclosure. Should I let the defendant answer my complaint before I request production of documents and/or request for admissions? Are there advantages to waiting for an answer? Are there advantages to requesting productions & admissions right away?
AK lawyer
Jun 22, 2010, 09:43 PM
I am in Oregon...I have file a complaint for damages alleging wrongful foreclosure. Should I let the defendant answer my complaint before I request production of documents and/or request for admissions? Are there advantages to waiting for an answer? Are there advantages to requesting productions & admissions right away?
That's interesting. The Oregon Rules of Civil Procedure (http://www.leg.state.or.us/ors/orcpors.htm), Rules 36-46 do allow discovery, in theory, before an answer is filed. This is different than the FRCP I think. At any rate it is the usual practice to wait until an answer is filed.
Well, as far as admissions are concerned, it might be an advantage to force admissions, and other discovery before a defendant obtains an attorney, who might advise the defendant how best to frame the discovery responses.