How to Gather Information and Evidence for Your Oregon Family Court Case (Discovery)
If you are going through a divorce, custody, or legal separation case, you may need information from your ex partner, such as pay stubs, bank statements, school records, or messages.
The legal process for getting this information is called discovery.
What is discovery?
Discovery lets both people in a court case ask each other for information or documents. This information helps you prepare for hearings or trial and avoid surprises in court.
In family law cases, discovery often focuses on:
- Money and finances.
- Property and debts.
- Parenting history and communication.
- Records about children.
- Safety issues, such as police or medical records.
Why discovery matters
Getting good information can help you:
- Fill out child support worksheets.
- Ask for the parenting plan you think is best.
- Prepare for mediation or a hearing.
- Gather evidence the judge may need to make a decision at a hearing or trial.
Formal vs. informal discovery
Many people use informal methods of getting documents or information. These methods might include:
- Asking the other side to provide documents.
- Going through your own records.
- Getting records from other places (like your kid's school or medical providers).
If informal methods aren’t enough, you might need to use formal discovery tools to gather information for your case.
Formal discovery methods include:
- Requests for production.
- Subpoenas.
- Depositions.
- Requests for admissions.
Further Reading
This checklist covers common documents you might not in a divorce or custody case. You may not need all of these. Just gather what you can.
Income and taxes
- Tax returns (last 3 years)
- W-2s and 1099s
- Recent pay stubs
- Proof of other income (side work, interest, dividends)
- Social Security earnings statement
Bank and investment accounts
- Bank statements (last 12 months)
- Investment or brokerage statements
- Retirement account statements (401(k), IRA, pension, PERS, etc.)
- Stock options or employee stock plans
- Cryptocurrency accounts
- PayPal, Venmo, Zelle transaction history
Property and vehicles
- Deeds and mortgage statements
- Property tax statements
- Vehicle titles and loan statements
- List of valuable personal property (collections, jewelry, cash over $500)
- Safe deposit box information
Insurance
- Life insurance policies
- Health and dental insurance information
- Disability insurance
- Auto insurance
- Homeowner or renter insurance
Debts
- Credit card statements
- Mortgage statements
- Vehicle loans
- Student loans
- Personal loans (including loans from family or friends)
Business or special financial interests (if applicable)
- Business tax returns and profit/loss statements
- Trust or inheritance documents
- Military retirement information
- Savings bonds or other securities
Legal and personal records
- Prior divorce judgments
- Written agreements between you and your spouse
- Power of attorney or advance directive
- Public benefits records (SNAP, WIC, childcare assistance, etc.)
- Credit report (get one for free at www.annualcreditreport.com)
Having complete information helps the court make fair decisions about property, debt, child support, and spousal support.
If you don't have a lawyer, informal discovery is the easiest way to get documents and information for your case. Below are common do-it-yourself options.
Option 1: Ask the other person directly
In a family law case, both sides must share documents with each other. The complete list of documents that must be shared can be found in Oregon Revised Statutes 107.089.
You can often get these documents by letting the other person know about this rule and asking them to provide documents.
Option 2: Download records you already have access to
Many important documents can be downloaded online for free:
- Online banking and credit card statements.
- Pay stubs from payroll systems like ADP or Paychex.
- Tax transcripts from the IRS.
- Insurance or medical bills.
- Education documents.
Many people are surprised by how much information they can find on their own.
Option 3: Get public records
You can usually get copies of government records like:
- Police reports.
- Court records.
- Oregon child support program.
- Child protective services records (with limits).
- Public school attendance and discipline records.
Each place has its own record request process. To get started, contact the entity and ask how to request records.
Option 4: Collect digital evidence
You likely have a lot of important evidence on your phone or computer. This evidence may include:
- Text or email conversations.
- Social media posts or messages.
- Call logs.
- Photos and videos.
- Bank records.
- Credit card statements.
Tip: Back up this evidence as soon as you can. Email screenshots or photos to yourself so you do not lose important information if something happens to your phone.
Option 5: Use school or medical records you’re already allowed to access
Parents often have the right to access:
- School records.
- Report cards.
- Medical and dental records.
- Therapy or service provider records (with proper releases).
- Childcare billing records.
These records can help show your involvement with your child or address concerns about safety or parenting.
Option 6: Use required family law forms to get financial information
In Oregon, when child support or spousal support is at issue, both people must fill out a Uniform Support Declaration (USD) and turn this form into the court.
The USD requires both sides to attach financial documents, including:
- Income.
- Pay stubs.
- Tax returns.
- Monthly expenses.
If the other person will not give you these documents, the judge can order them to do so.
Option 7: Exchange information during mediation
Many people use mediation during a family court case to try to settle disagreements without going to court. Learn more about mediation here.
During mediation, you can ask the other person to provide documents before you finish your agreement. The mediator may be able to help you get these records.
If informal discovery does not work and you still need important documents or information, you can use formal discovery.
There are four main tools for conducting formal discovery in Oregon:
- Request for production: A written request for documents.
- Subpoena: A legal document requiring someone to provide documents or come to court.
- Deposition: An official, recorded interview of someone.
- Request for admissions: A written request asking the other person about certain facts.
If you use one of these tools and the other person does not do what you ask, you can go to court and ask a judge to make them follow your request.
You may be able to do some formal discovery on your own. But if you run into problems getting documents or information, you'll need to talk to a lawyer. Formal discovery rules in Oregon are very complicated.
Request for production of documents
A request for production of documents (RFP) is a written request asking the other person to give you a list of documents.
You must mail your RFP to the other side, and they have 33 days to respond.
An RFP can be used to get any documents related to your case, including:
- Pay stubs, W-2s, and tax returns.
- Bank statements or loan documents.
- Property deeds or vehicle titles.
- Medical or school records.
- Police reports or criminal history records.
Learn more about requests for production here.
Subpoenas
A subpoena is a legal document issued by a lawyer or court clerk.
A subpoena requires someone to either:
- Provide documents (this is called a subpoena duces tecum).
- Show up in court for a hearing or trial (this is called a subpoena).
Depositions
A deposition is a formal meeting outside of court where one side asks the other person or a witness questions about the case. The goal is to gather information before the trial.
A deposition must be recorded. This can be done with audio, video, or a court reporter who writes down everything that is said.
Depositions can be helpful, but they are often expensive.
Learn more about depositions here.
Requests for admissions
Requests for admission are not common in family law cases. These are written requests that ask the other person to admit or deny specific facts.
For example: “Admit that you spent five years in prison between 2020 and 2025.”
Attorneys sometimes use requests for admission to save time during a case. If the other person admits an important fact, the attorney does not need to gather documents or witnesses to prove it at trial.
Learn more about requests for admission here.
When to use formal discovery methods
Formal discovery may be needed if:
- The other person is hiding income or assets.
- There is a business or complicated financial situation.
- There are serious safety concerns.
- Informal methods have not worked.
Tip: Even if you cannot hire a lawyer for your whole case, you may still be able to get advice about discovery or evidence.
- Oregon's general discovery rules are found in the Oregon Rules of Civil Procedure, rules 43 to 46.
- Discovery rules specific to family law cases are found at Oregon Revised Statutes 107.089.
If you need help with discovery, talk to a lawyer. You can find a lawyer by:
- Contacting Oregon’s Lawyer Referral Service: This free service can connect you to private lawyers in Oregon.
- Searching our Legal Directory. If you’re worried about legal costs, you can search for free or low-cost legal help using the directory on this site.
The Oregon State Bar (OSB) publishes legal guides for attorneys called "BarBooks." The "Family Law in Oregon" and "Oregon Civil Pleading and Practice" books covers discovery and other family law topics.
- If you’re an attorney, you can access this book through your OSB login.
- If you’re not an attorney, contact a law library for free access.