Once a lawsuit gets underway, litigation lawyers start gathering information relating to the lawsuit. This investigative process is known as “discovery” because it allows parties to the lawsuit to find facts and documents that may previously have been unknown. As any recent business or real estate litigant knows, the scope and costs associated with responding to a document discovery request in the digital age has become overly time-consuming and expensive. Understandably, clients want to assert that certain requests seek documents not relevant to the pending litigation. However, the scope of discovery both in state and federal courts historically has been broadly defined. In Oregon state courts, for example, Oregon Rule of Civil Procedure (ORCP) 36B(1) states that: Read More...
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