Rule 11 Discovery
Rule Text
a. Availability of Discovery
Upon a judge’s request, discovery shall be provided subject to ORS 1.440, rules of confidentiality and work product, and these rules of procedure. Prior to the filing of a formal complaint, the Commission has the discretion to redact the name of the complainant and other information, unless such information is necessary for the judge to respond to the Commission’s request for information. The Commission shall disclose any exculpatory evidence.
b. Pretrial Disclosure
Each party shall disclose as soon as reasonably practicable but no fewer than 14 days before the hearing, with a continuing obligation thereafter, the following:
(1) names, phone numbers and addresses of all witnesses whose testimony that party expects to offer at the hearing;
(2) a brief summary of the expected testimony of each witness;
(3) copies of written or recorded statements of anticipated witnesses; and
(4) copies of documents which may be offered. For failure to comply with this obligation, the presiding officer or chairperson may exclude witnesses or documents not disclosed.
c. Deposition
Upon the written request by the judge or the Commission’s counsel, the Commission, through its chairperson or presiding officer, may order that the testimony of any material witness be taken by deposition in the manner prescribed by law for depositions in civil actions. The petition shall set forth the name and address of the witness whose testimony is desired, and a showing of the materiality of the testimony of the witness. If the witness is unwilling to appear, the Commission may issue a subpoena as provided in Rule 17.