(1) If it appears to the Attorney General that a manufacturer has possession, custody or control of any information, document or other material that is relevant to an investigation of a violation of ORS § 646A.009, or that could lead to the discovery of relevant information in an investigation of a violation of ORS § 646A.009, the Attorney General may execute an investigative demand and may cause an investigative demand to be served upon the manufacturer. The investigative demand may require the person:

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Terms Used In Oregon Statutes 646A.021

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Oath: A promise to tell the truth.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • Testify: Answer questions in court.

(a) To appear and testify under oath at the time and place stated in the investigative demand;

(b) To answer written interrogatories; or

(c) To produce relevant documentary material or physical evidence for examination at the time and place stated in the investigative demand.

(2) An investigative demand under this section shall be served in the manner provided by ORS § 646.622 and may be enforced in the manner provided by ORS § 646.626.

(3) At any time before the return date specified in an investigative demand, or within 20 days after the demand has been served, whichever period is shorter, a petition to extend the return date, or to modify or set aside the demand, stating good cause including privileged material, may be filed in the appropriate court.

(4) Information submitted to the Attorney General under this section that is a trade secret, as defined in ORS § 192.345, is confidential and is not subject to public disclosure under ORS § 192.311 to 192.478. [2023 c.536 § 5]