Ask Experts Questions for FREE Help !
Ask
    SmoolyNog's Avatar
    SmoolyNog Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Jun 22, 2010, 09:20 PM
    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?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
    		  
    #2

    Jun 22, 2010, 09:43 PM
    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.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

HELP! Answers to interrogaties, production of documents & request for admissions [ 2 Answers ]

Help, back in Oct 09 I was served a summons for a past due credit card. This credit card has gone through about 2-3 different collectors until this one decided to file a lawsuit. So I answered the summons with I do not admit/nor deny the charges on every line of the summons. I requested at the...

Fla Production of Documents Form [ 7 Answers ]

I am in the process of Modification of Alimony and Child Support filings. I am doing the process ProSe. I have produced the documents asked for in the Mandatory Disclosure requirements, but the other party has not. It lists on the filing papers that the other party had 45 days to produce the...

Defendant refuses granted discovery request [ 7 Answers ]

I filed and was granted a discovery in Indiana, in small claims court. It had no due by date, so after 3 weeks I wrote the court and got a date that the defendant is supposed to provide me the discovey. 2 days before the due date, I got a letter saying that a date has been set for the contested...

View more questions Search