Rule 7.006 - DISCOVERY OF MATERIALS FROM NON-PARTIES AND IN CAMERA REVIEW(1) Except as allowed by subpoena to appear at a scheduled evidentiary court proceeding to provide testimony, no request for production from non-parties under ORS 136.580 through ORS 136.603 for either direct production or for judicial in camera review shall issue without a motion for and an approved court Order for Production including a court-specified date, time, and courtroom for hearing. The moving party shall submit a motion, supporting documents and proposed order pursuant to ORS 136.580 including: (a) A caption reflecting that this is a "motion (order) for non-party production pursuant to subpoena," and if applicable, "for in camera review" or "not for incamera review pursuant to ORS 136.580;"(b) A description of the papers, documents, records or materials to be produced, with a description of the reviewing court's preferred method of electronic submission (e.g., physical submission of CD, SD card, flash drive, or secured file transfer);(c) A description of the method for verifying the items (e.g.., declaration pursuant to ORS 136.583(6)) including the legal basis for any required redaction of the materials;(d) Points and authorities and supporting declaration describing the legal and factual basis for the production;(e) A place for the court to insert the courtroom, date, time, and location for the hearing in response to production (this is the deadline for response to the process). The requested time frame for production should be approximately thirty (30) days out to allow sufficient time for signing of the order plus service plus the twenty (20) days allowed by ORS 136.583(3). Requests should be made no later than ninety (90) days prior to trial except for in-custody proceedings or with good cause shown;(f) A statement that production, or objection by motion to quash or limit production, may be submitted to the court clerk at the designated court location prior to the court date. Allow a place for the court to insert instructions for delivery of the items to: Clerk of the Court, [County Name], Attn. Courtroom [#], [Address], [email address]. If production is made, the court will cancel the hearing. If an objection, motion to quash or motion to limit production is submitted for filing, the court may choose to continue the deadline for production until after ruling on the objection; and(g) A copy of the proposed subpoena.(2) The applicant shall effect service of the subpoena for production, order for production, and any additional orders (including applicable protective orders or protective orders for in-camera judicial review) as required under ORS 136.583 and shall submit for filing proof of service promptly thereafter with the court or notify the court that the matter was not timely served. If the court extends the time allowed for production, the applicant shall serve notice of the continuance to the responding party and submit for filing proof thereof with the court unless the continuance is granted on the record with the responding party present.(3) In addition to the requirements in sections (1) through (2), if in-camera judicial review of materials is requested, the motion must clearly state in the caption that it includes a Motion for In-Camera Judicial Review. The moving party has the burden of proving that the court should exercise its discretion and conduct the in-camera review. In the absence of a showing of good cause, the court may deny the order to produce, protective order and the motion for in camera judicial review, therefore the motion should include, as appropriate: (a) The basis for the in-camera review;(b) The expected relevant matters for which the court is to examine the documents, and the basis for relevance;(c) An explanation of why the documents sought are evidentiary, relevant, material and favorable to the moving party;(d) That the materials could not otherwise be procured reasonably in advance of trial by exercise of due diligence;(e) That the party cannot properly prepare for trial without pretrial production and inspection, and that failure to produce the materials for inspection pretrial may tend to delay the trial unreasonably; and(f) That the pretrial inspection is to produce specific evidence of known value and is not speculation to ascertain the existence of evidence.(4) Documents produced in response to an order of production for in-camera judicial review are sealed until review and further order of the court. The court's order after in-camera review is a public document and will identify relevant materials that will be disclosed to the parties. The moving party shall pay the expense of providing these relevant materials to the parties. Documents and materials that are disclosed to the parties are confidential subject to any protective orders. Any non-disclosed documents and materials will remain sealed for further judicial review and to be available for appellate review if necessary.Umatilla Supp. L. R. 7.006
Amended effective 2/1/2024.