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Can I get a statement (discovery) from a judge?

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Cliff421

Member
What is the name of your state (only U.S. law)? Oregon

I am filing a lawsuit pro se and one cause of action is fraud. The defendant applied to the court for temporary guardianship of an elder family member for the improper use of filing for a restraining order against me. (I prevailed on the restraining order)

In Oregon, the court may not appoint a guardian for an elder unless the elder is "incapacitated" which the elder isn't and wasn't. This relative, in chambers, lied to the judge and said the elder was "near death," or so the relative boasted to another family member.

Now I need to prove that the relative told this lie to the judge. As part of discovery, is there any way that I can file for a statement from this judge to prove this perjury?
 


You don't do discovery upon the judge; on the other party yes..

You can ask for anything you like in discovery. Medical records etc .. as long as it would reasonably calculated to lead to admissible evidence.

Now medical records generally are owned by the doctor, not the patient so you can ask for the records & if they say they don't have them (which might be true) then you should ask for a release to get the records from the Dr.s & they should comply with this request.

Once you have all the documents needed to prove the dishonesty, post back.
 

Cliff421

Member
Thanks. I'm aware I can do discovery on the defendants via subpoena duces tecum for deposition, document demands, requests for admissions, etc.

I would just love to be able to prove that one defendant lied to that judge because it's so material.

I have also changed that cause of action from fraud to intention infliction of severe emotional distress. When trying to state the elements, the false statement was a fraud upon the judge. It didn't cause me to act so I probably wasn't the legal victim. I can't state all of the elements for fraud because it was fraud upon the court.

If anyone can think of any way I could get a statement from that judge, please let me know. Thanks.
 

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