What is a motion for discovery in civil law?
In civil law, a motion for discovery is a legal request by a party (usually the plaintiff) to another party (usually the defendant) to provide evidence that helps prove a claim in the case. In Oregon, the rules of civil procedure govern discovery motions. A discovery motion may ask the defendant to provide documents that are relevant to the case, to answer written questions about the case, or to appear at a deposition to give oral testimony. In addition, a discovery motion may also request the defendant to provide the names and contact information of any witnesses, or the name and contact information of any experts who may provide knowledge about the case. If the defendant does not respond to the motion, or objects to supplying the requested evidence, the plaintiff may file a motion to compel. This motion will ask the court to order the defendant to respond to the discovery motion. In the discovery process, both parties will disclose information as required by law, and the court will review any objections to the discovery requests. This process allows the parties to assess each other’s case before trial and make informed decisions about how to proceed.
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