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-   -   Should I let the defendant answer complaint before I request production of documents? (https://www.askmehelpdesk.com/showthread.php?t=482116)

  • Jun 22, 2010, 09:20 PM
    SmoolyNog
    Should I let the defendant answer complaint before I request production of documents?
    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?
  • Jun 22, 2010, 09:43 PM
    AK lawyer
    Quote:

    Originally Posted by SmoolyNog View Post
    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, 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.

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