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Can you get a copy of someone elses discovery once the case is out of court even if you aren't involved in the case at all???

Mcminnville, OR |
Filed under: Discovery

I'm interested in obtaining the police report & witness and defendants statements, and I can't seem to find it at the courthouse. I'm only able to find the judgement

Attorney Answers 3


Most discovery is not filed with the court.

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A non-party cannot typically obtain such discovery documentation, though it could potentially be available in certain circumstances, depending on your purpose and your relation to the matter.

Discovery is rarely, if ever, kept at the courthouse or in the courthouse files, but rather with the parties themselves and/or their attorneys. As you might expect, most such requests to either parties or their counsel will likely go ignored.

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Police reports are public records and anyone can request a copy from the police department. Contact that police department and ask them what you need to do to request a copy. You might need to pay a fee. As for discovery - that is between the parties of the case and usually not part of the court record. The court record including the recording of any trial or hearing is public record and can be obtained. You can go down to the courthouse and request a copy of any file, although sometimes personal information is restricted. This should lead you to the names of the attorneys involved and you can try calling either of the attorneys and asking if they will share information. You can also purchase a copy of the recording of any proceeding and listen to it on your computer. If a witness testified you would be able to hear their statement.

You don't tell us why you need this info. We could be more helpful if we knew why you are looking for this. Your other option is to hire a private investigator to get information for you. In additional to checking the public records they may have contacts that you don't that will help them get additional info.

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