# Interrogatories — Limited Use in Oregon Debt-Buyer Cases

> **Key Oregon distinction**: Oregon does NOT provide written
> interrogatories as a discovery tool under the ORCP. The
> available discovery is depositions (ORCP 39), RFPs (ORCP
> 43), physical/mental exams (ORCP 44), and RFAs (ORCP 45).

If you're coming from Washington, FRCP, or California
practice, this is a significant departure. In Oregon civil
practice, written interrogatories are generally unavailable
unless:

1. **The case is in court-annexed mandatory arbitration**
   under ORS 36.400, and the arbitrator permits them; OR
2. **The parties stipulate** to allow interrogatories; OR
3. **The court orders** them in unusual circumstances (rare)

## What to use instead

For information typically gathered via interrogatories in
other jurisdictions, Oregon practitioners use:

### Depositions (ORCP 39)

A short deposition of the plaintiff's PMK (person most
knowledgeable) covers most information that would otherwise be
in interrogatories:

- Corporate identity and history
- Chain of title / acquisition of the account
- Plaintiff's record-keeping practices
- Validation notice mechanics
- Compliance procedures

A 2–3 hour 30(b)(6)-equivalent deposition is more efficient
than 30 interrogatories.

### RFAs (ORCP 45)

For yes/no questions, RFAs are the right tool. See
`rfa-debt-buyer.md`.

### Deposition by written questions (ORCP 40)

For specific written questions to a non-party witness, ORCP
40 permits a deposition by written questions. This is a
substitute for some interrogatory functions but is rarely
used.

## If you ARE in mandatory arbitration

ORS 36.400 mandatory arbitration is for cases between $10,000
and $50,000. Many small-dollar debt-buyer cases fall in this
range. In arbitration:

- The arbitrator may allow interrogatories at their discretion
- Multnomah SLR 8.010 implements ORS 36.400 in Multnomah
  County (Washington Co SLR 8.010 for Washington Co)
- The arbitrator's discovery order controls — interrogatories
  are permissible if ordered

If interrogatories are permitted in arbitration, below is a
debt-buyer-defense interrogatory bank you can adapt.

## INTERROGATORY BANK (for arbitration use only)

```
DEFINITIONS

[Same as in RFP bank — ACCOUNT, PLAINTIFF, ORIGINAL CREDITOR,
DOCUMENT, etc.]

INTERROGATORIES

INTERROGATORY NO. 1:
Identify all persons with knowledge of the chain of title of
the ACCOUNT from the Original Creditor to PLAINTIFF,
including each person's full name, employer, position, and
contact information.

INTERROGATORY NO. 2:
Identify each entity in the chain of title between the
Original Creditor and PLAINTIFF, including the dates of
each transfer and the consideration paid (or general
allocation method, if pool-priced).

INTERROGATORY NO. 3:
Describe PLAINTIFF's regular practices for maintaining records
of consumer accounts, including the types of records made,
the timing of record entries, and the persons responsible for
data entry.

INTERROGATORY NO. 4:
Describe the process by which PLAINTIFF obtains original-
creditor records (if any), including any written agreements
with the Original Creditor or its assignees regarding access
to records.

INTERROGATORY NO. 5:
Identify the custodian or other qualified witness PLAINTIFF
intends to call at the arbitration hearing to authenticate
the records produced in response to Defendant's RFPs,
including the witness's name, employer, and qualifications.

INTERROGATORY NO. 6:
State the date PLAINTIFF first acquired the ACCOUNT,
including the date PLAINTIFF's records first reflect
ownership.

INTERROGATORY NO. 7:
State PLAINTIFF's registration status with the Oregon
Department of Consumer and Business Services under ORS
697.015 as of the date of the original Complaint, including
the registration effective date, expiration date, and any
lapses.

INTERROGATORY NO. 8:
Identify all communications PLAINTIFF or its agents had with
Defendant regarding the ACCOUNT, including the date, method,
sender, and substance of each communication.

INTERROGATORY NO. 9:
State whether PLAINTIFF (or any predecessor in interest)
sent Defendant a validation notice as required by 15 USC
§ 1692g(a) and 12 CFR § 1006.34. If yes, state the date and
attach the notice as Exhibit 1 to your responses.

INTERROGATORY NO. 10:
State whether PLAINTIFF (or any agent) communicated with
Defendant by telephone, email, or text message more than 7
times in any 7-consecutive-day period between [date 1] and
[date 2]. If yes, identify each communication.

INTERROGATORY NO. 11:
State whether PLAINTIFF (or any predecessor in interest)
received any dispute notice from Defendant regarding the
ACCOUNT under 15 USC § 1692g or 12 CFR § 1006.38. If yes,
state the date received, the substance of the dispute, and
the verification (if any) PLAINTIFF provided in response.

INTERROGATORY NO. 12:
State PLAINTIFF's basis for asserting that the statute of
limitations under ORS 12.080 has not run on the ACCOUNT,
including any document or event PLAINTIFF contends restarted
the limitations period.

INTERROGATORY NO. 13:
Describe all attempts by PLAINTIFF to collect the ACCOUNT,
including legal actions, garnishments, settlement offers,
and any other collection conduct.

INTERROGATORY NO. 14:
Identify each person PLAINTIFF intends to call as a witness
at the arbitration hearing, including the person's full
name, employer, position, and a brief summary of the
expected testimony.

INTERROGATORY NO. 15:
Identify each document PLAINTIFF intends to offer in
evidence at the arbitration hearing, including the title,
date, custodian, and basis for authentication.
```

## Use in arbitration

Serve with the arbitrator's pre-hearing order. Allow the
permitted response window (typically 30 days, but may vary).

Plaintiff's responses then drive:

- Cross-examination at the arbitration hearing
- Documents requested in companion RFPs
- The defendant's evidentiary case

## When the case moves to trial de novo (ORS 36.425)

If the arbitration award is appealed for trial de novo, the
case re-enters circuit court. **At that point, the
interrogatory responses are no longer in force** for trial
discovery — the case is back under ORCP and interrogatories
are unavailable.

Best practice: use the interrogatory responses from
arbitration as **exhibits** in the trial de novo. The
plaintiff's prior sworn responses may be admissible as
admissions under OEC 801(4)(b)(A) (party admission).

## Drafting tips

- Keep interrogatories short and specific
- Number them
- Use defined terms (in the definitions section)
- Avoid compound questions
- Tie each interrogatory to a specific element of the case

## Cross-references

- `or-consumer-debt` SKILL — main bundle
- `or-discovery` SKILL — discovery framework (note no
  interrogatory limitation)
- `references/rfp-debt-buyer.md` — RFPs (the primary tool)
- `references/rfa-debt-buyer.md` — RFAs (companion)
- `or-multcc/references/multnomah-slr.md` — SLR 8.010
  arbitration program
- `or-wccc/references/civil-motion-practice.md` —
  mandatory arbitration in Washington Co (Oregon)