Traditional Litigation typically begins when a motion or petition is filed with the court. This document identifies the type of relief requested. The opposing party is then served with a summons or an order to show cause. This service notifies the other party that a case has been filed, what the issues are and the limited amount of time to file a Response. The time for the Response will vary and depends on the type of action. The filing of the Response triggers a trial date.

The case then typically heads into a discovery phase. Discovery is the formal process of exchanging information between the parties about the relevant evidence. Discovery is meant to eliminate surprises and helps clarify the issues involved in the case. Parties can also make a statement under oath known as a deposition. The deposition can be used in the trial or is simply used to gather more information. This allows both parties to be made aware of the arguments or claims that are going to be made in the trial.

Requests for temporary orders can also be made. The amount of time for the court to hear the request for temporary orders varies between counties.

Dispute resolution is often utilized in the form of: negotiation, mediation, a four-way settlement conference with lawyers and clients present or a judicial settlement conference with all parties, lawyers and a judge present. In most counties in Oregon, participation in alternative dispute resolution is mandatory prior to trial.

If the parties are unable to resolve all or some of their disputes, the case proceeds to trial, (also referred to as a hearing), or arbitration, depending on the issues in dispute. At trial or arbitration, each person presents witnesses and the evidence collected is recorded. The judge or arbitrator then renders a decision.

The attorneys at DBMA work exclusively in the area of family law matters and have broad experience and knowledge of Oregon family law. Contact them to learn more about the litigation process and how your case should be handled.