Legal Question in Family Law in Oregon
Document Request
I am the defendant in a custody / support hearing. The plaintiff's attorney has sent me a Document Request pleading. This pleading is very comprehensive - requesting three years of check registers, bank statements, diaries, gifts received, charge statements, etc. No judge has signed an Order to allow the plaintiff to demand this and the Document Request itself is not in the court file. The Plaintiff has never asked me for this information and hired a lawyer to ''reqyest'' it. Had the plaintiff simply asked me for it, I would have provided the requested information. Now, I've had to hire a lawyer to respond and comply with the request. There are two questions:
1. Do I have to comply with the Document Request?
2. Given the circumstances, that I was never asked for the information, am I entitled to have the plaintiff pay my court and legal expenses?
1 Answer from Attorneys
Re: Document Request
1. Do I have to comply with the Document Request?
ANSWER: YES.
2. Given the circumstances, that I was never asked for the information, am I entitled to have the plaintiff pay my court and legal expenses?
ANSWER: NO.
Discussion:
ORS 107.089 sets forth the laundry list of documents and records that must be produced if you are served with a copy of the statute.
The statute says: "If served with a copy of this section [ORS 107.089] * * * each party in a suit for legal separation or for dissolution shall provide to the other party copies of the [documents listed in the statute].
There is no requirement that a party seeking production of records first make an informal request and then resort to statutory demand only if the informal request is not fulfilled.
LDG
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