Rule 5.140 - OREGON DISCOVERY IN FOREIGN PROCEEDINGS(1) To obtain discovery in the State of Oregon for a proceeding pending in another state pursuant to Oregon Rule of Civil Procedure (ORCP) 38 C, a party must submit to the court all of the following:(a) The foreign subpoena.(b) An original and two copies of a fully completed subpoena that (i) Complies with the requirements of the ORCP, including ORCP 55; and(ii) Contains the names, addresses, email addresses, and telephone numbers of all attorneys of record and self-represented parties in the foreign proceeding.(c) A declaration and request for issuance of a subpoena pursuant to ORCP 38 C, substantially in the form provided at www.courts.oregon.gov/forms, stating that(i) The foreign subpoena was issued by a court of record of a state as "state" is defined in ORCP 38 C(1)(b);(ii) The fully completed subpoena complies with the requirements of the ORCP, including ORCP 55; and(iii) The fully completed subpoena contains the names, addresses, email addresses, and telephone numbers of all attorneys of record and self-represented parties in the foreign proceeding.(2) To obtain discovery in the State of Oregon for a proceeding pending in a foreign jurisdiction not subject to ORCP 38 C, a party must file a writ, mandate, commission, letter rogatory, or order executed by the appropriate authority in the foreign jurisdiction with a circuit court of this state. The party in the foreign proceeding or an active member in good standing of the Oregon State Bar must present in person at ex parte the original document or a certified copy from the foreign jurisdiction, a petition, and an order to register the document in substantially the form provided at www.courts.oregon.gov/forms. If approved by the court, the matter will be assigned a circuit court case number and appropriate process may be issued by the Oregon attorney.(3) In the event that a foreign jurisdiction not subject to ORCP 38 C has no procedure to issue a writ, mandate, commission, letter rogatory, or order to authorize a deposition to be taken in Oregon, at ex parte the party must present a petition to compel the witnesses to appear and testify. The petition must be supported by an affidavit that contains all of the following:(a) The name of the foreign jurisdiction in which the proceeding is pending.(b) The name of the court in which the proceeding is pending.(c) The caption or other relevant title of the proceeding.(d) The case number assigned by the foreign jurisdiction to the proceeding.(e) The date of filing of the proceeding in the foreign jurisdiction.(f) A statement that the foreign jurisdiction has no process to issue a writ, mandate, commission, letter rogatory, or order to compel a witness to appear and give testimony if the witness is located outside its jurisdictional boundary.(g) A statement that the affiant seeks authorization from the court to proceed upon notice or agreement to take the testimony of witnesses in this state.(h) The identity of witnesses in this state to be compelled upon notice or agreement to appear and testify.(4) In addition to the requirements in subsection (1), (2), and (3) of this rule, a party seeking a subpoena under subsection (1)(c) of this rule that is related to gender-affirming treatment or reproductive health care services that are permitted under the laws of this state must submit a declaration pursuant to ORS 24.500, that the subpoena relates to either:(a) An out-of-state action founded in tort, contract, or statute, for which a similar claim would exist under the laws of this state, brought by a patient or the patient's authorized legal representative, for damages suffered by the patient; or(b) An out-of-state action founded in contract, and for which a similar claim would exist under the laws of this state, brought or sought to be enforced by a party with a contractual relationship with the person that is the subject of the subpoena.Or. Uni. Trial. Ct. R. 5.140
Amended June 11, 2024, effective 8/1/2024.