What is a Request for Production of Documents (RFP) in Oregon Family Court?
A request for production of documents (also called a "RFP" or "request for documents") is a formal way to ask the other side in a legal case to share records or files that matter to the case. This article explains what RFPs are, how to send one, and what to do if you get one.
Can I request documents in Oregon family court?
Yes. If you're involved in an Oregon family court case, like divorce or custody, both sides can send each other a request for production of documents.
You can ask for any documents related to your case, including:
- Pay stubs, W-2s, and tax returns.
- Bank statements or loan documents.
- Property deeds or vehicle titles.
- Your child's medical records or school records.
- Police reports or criminal history records.
Where can I find the request for documents form?
- If you have a lawyer, they can help you write a request for documents and send it to the other person. Most lawyers have their own forms.
- If you do not have a lawyer, you can use Oregon’s Discovery Notice form to ask the other side for documents. If you need more documents than what is listed on the form, you can add your own requests at the end.
How do I serve my request for documents on the other side?
You must mail your request by regular USPS mail (no return receipt needed). Here are the steps:
- Print out the Discovery Notice form.
- Make a copy.
- Mail the copy to the other person at their current address.
- On your copy, write down the details of when you served the other side (for your records):
“I, (your name) ____________________ mailed a copy of this statute to (other side’s name) ________________________ by first-class regular USPS mail on (date) ________________________________ to their last known address: _____________________________________________________.
After you send your request, the other person has 33 days to reply and give you the documents. If they do not provide them, you can take more steps to make them do so.
What should I do if I get a request for documents?
If you have a lawyer, they will help you respond to the request.
If you do not have a lawyer, here are some steps you can follow:
- Read the entire request for documents.
- Write down any questions or concerns you have. For example, you might think a request is too hard or too expensive or asks for private information.
- Email the other person's lawyer your questions and concerns. Email is best because it gives you a written record.
- Do your best to work with the attorney to provide the documents.
- If the lawyer is unreasonable or will not work with you, it is okay to stand your ground and not do everything they ask. For example, you can refuse to give confidential records.
Further reading
- Read the law: Oregon's rules for requests for documents are found in Oregon Rule of Civil Procedure 43. Special discovery rules for family law cases are found at Oregon Revised Statutes 107.089.
- BarBooks: The Oregon State Bar (OSB) publishes in-depth legal guides for attorneys. "Family Law in Oregon" and "Oregon Civil Pleading and Litigation" covers requests for production of documents and includes sample forms. 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.
Where to get help
If you need help with a request for documents, talk to a lawyer. Here are some ways to find one:
- Contact Oregon’s Lawyer Referral Service: This free service can connect you to private lawyers in Oregon.
- Search 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.
For more help finding a lawyer, read our guide to hiring a lawyer in Oregon.
More Frequently Asked Questions
If the other side does not give you documents, email them a reminder about your request. Ask when they will send the documents.
If the other person ignores your request or refuses to give you documents, you still have options:
- Use other methods to get the documents. This might mean collecting documents yourself or asking third parties for them. Learn more about these options here.
- Hire a lawyer. You can also hire a lawyer to help you file a motion to compel. This is a formal request for the court to order the other person to provide the documents.
If you miss the deadline by a few days, you are probably okay. The court will not automatically get you in trouble.
Contact the other side’s lawyer and explain why you were late. Let them know when you think you can respond and provide the documents.
You may be able to say no to a request for documents if:
- They are not relevant. The documents have nothing to do with the issues in your case.
- They cost too much to get. You would have to spend a lot of money to get the documents.
- They are too hard to get. Getting the documents would take too much time or effort.
- They are confidential. The request asks for private records, like medical records or communications with your lawyer.
- The request is meant to harass you. The request would cause embarrassment, harm, or unfair pressure.
If you ignore the request, the other person's lawyer can file a motion to compel. This is a formal way to ask the court to force you to provide documents.
However, before the other side can file a motion to compel, they must talk to you. They have to try to get you to provide documents without involving the court.
If you still refuse to provide documents, then the other side can file a motion to compel. If this happens, the court will schedule a court hearing where both sides can explain their views to a judge.
The judge will decide what happens. The judge may tell you to hand over the documents, or the judge may agree that you do not have to. If the judge thinks you acted badly, they can make you pay money to the other side.