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Novell Asks For Extension to File with Supreme Court & Judge Stewart Issues Trial Order - Updated
Thursday, February 04 2010 @ 06:14 PM EST

Novell has filed a second request for an extension of time to file its appeal with the US Supreme Court. It would like until March 4th.

And Judge Ted Stewart has issued his trial order for the trial in Utah in SCO v. Novell, which begins on March 8:

02/04/2010 - 626 - TRIAL ORDER with instructions to counsel: 15 day Jury Trial set for 3/8/2010 08:30 AM in Room 142 before Judge Ted Stewart. Final Pretrial Conference set for 2/25/2010 02:00 PM in Room 142 before Judge Ted Stewart. Signed by Judge Ted Stewart on 02/04/2010. (asp) (Entered: 02/04/2010)

More exactly, the judge tells the parties to come up with a joint trial order by the February 25th pretrial conference. He doesn't know these lawyers yet as well as we do. They don't agree on much of anything. He also provides instructions on how to file jury instructions together, unless they can't agree and then he tells them to file separately, but "the court expects the parties to meet, confer, and agree upon the wording of the substantive instructions for the case." That's exactly what they couldn't do the first time [PDF]. This is what they finally came up with.

They have to file 5 business days before the trial and any objections have to be filed 2 days before the trial. "Argumentative instructions are improper and will not be given," the judge writes. Well. Back to the drawing board for Boies Schiller, I'm thinking.

Both sides also have to file trial briefs at least 5 days before trial, listing all witnesses and a "short statement as to the substance of that witness' testimony." Ditto on the timing of Motions in Limine. I would think that might be helpful to have in hand when composing one's appeal.

He also provides rules for courtroom behavior, such as standing when addressing the court, and stating the legal grounds for any objections. The lawyers can't just say, "objection" or even "objection ... hearsay". They have to say, "Objection... hearsay and inadmissible under Rule 802." Oh, they can't make faces at each other either:

(h) Address all remarks to the court, not to opposing counsel, and do not make disparaging or acrimonious remarks toward opposing counsel or witnesses. Counsel shall instruct all persons at counsel table that gestures, facial expressions, audible comments, or any other manifestations of approval or disapproval during the testimony of witnesses, or at any other time, are absolutely prohibited.
Don't laugh. There's a lawyer in jail for contempt in Texas right now, for making an obscene gesture in court to the other lawyer.

Only one attorney is allowed per witness. "Only one attorney for each party shall examine, or cross-examine, each witness. The attorney stating objections during direct examination shall be the attorney recognized for cross-examination." That won't affect Morrison & Foerster, but it surely will Boies Schiller. And the lawyers are expected to sit at the counsel table throughout each session and not leave the courtroom, absent an emergency.

If you attend the trial, be sure to march to this new drum's beat. Ach-tung.

Update: Here's how folks get drafted into the jury pool in Utah district courts, if you are interested. Here's a FAQ for them. And here are the federal rules, including how folks are selected to be jurors.

Update 2: Justice Sotomayor has granted Novell's request:

Feb 3 2010 - Application (09A647) to extend further the time from February 18, 2010 to March 4, 2010, submitted to Justice Sotomayor.

Feb 4 2010 - Application (09A647) granted by Justice Sotomayor extending the time to file until March 4, 2010.


  


Novell Asks For Extension to File with Supreme Court & Judge Stewart Issues Trial Order - Updated | 206 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Correction here
Authored by: SpaceLifeForm on Thursday, February 04 2010 @ 06:26 PM EST
If any.

---

You are being MICROattacked, from various angles, in a SOFT manner.

[ Reply to This | # ]

OT here
Authored by: SpaceLifeForm on Thursday, February 04 2010 @ 06:27 PM EST
Please make any links clickable.

---

You are being MICROattacked, from various angles, in a SOFT manner.

[ Reply to This | # ]

Comes vs MIcrosoft notes here
Authored by: SpaceLifeForm on Thursday, February 04 2010 @ 06:29 PM EST


---

You are being MICROattacked, from various angles, in a SOFT manner.

[ Reply to This | # ]

News Picks commentary here
Authored by: SpaceLifeForm on Thursday, February 04 2010 @ 06:31 PM EST
Please note which article you are referencing
in the title line.


---

You are being MICROattacked, from various angles, in a SOFT manner.

[ Reply to This | # ]

This trial will never finish within the schedule
Authored by: SpaceLifeForm on Thursday, February 04 2010 @ 06:39 PM EST
There will be so many objections.

---

You are being MICROattacked, from various angles, in a SOFT manner.

[ Reply to This | # ]

doesn't "objection" imply "disapproval"?
Authored by: Anonymous on Thursday, February 04 2010 @ 06:59 PM EST
Counsel shall instruct all persons at counsel table that... any... manifestations of approval or disapproval during the testimony of witnesses, or at any other time, are absolutely prohibited.

The broadest interpretation of that rule would forbid either side from objecting to anything at all.

Oh, and one must stand when addressing the court? I hope nobody's in a wheelchair...

[ Reply to This | # ]

A hands on approach to Utah jury selection
Authored by: clemenstimpler on Thursday, February 04 2010 @ 07:51 PM EST
A blog post explaining the process of Utah jury selection from a lawyer's point of view. Very interesting.

[ Reply to This | # ]

Novell's second request for an extension
Authored by: Gringo on Thursday, February 04 2010 @ 07:53 PM EST

I don't get it. I would have thought they would have filed a long time ago, in the hope of getting a decision in time to make the trial unnecessary. Are they actually stalling for time now, in the hope that in the end it won't be necessary to file with the Supreme Court for some strange reason? Do they know something that we don't, like for example, that the trial will likely never happen because SCO is out of money?

[ Reply to This | # ]

Novell Asks For Extension to File with Supreme Court & Judge Stewart Issues Trial Order
Authored by: Anonymous on Thursday, February 04 2010 @ 07:54 PM EST
Who would believe SCO will follow the rules?

Anyone? Anyone?

[ Reply to This | # ]

Ah ... but they way things REALLY work is:
Authored by: Anonymous on Thursday, February 04 2010 @ 09:14 PM EST
Novell will be required to follow the rules and SCO will be forgiven any
transgressions.

The fix is in. The only question for history is whether there is direct bribery
involved or whether it is just judicial ideology and prejudice.

[ Reply to This | # ]

Novell Asks For Extension to File with Supreme Court & Judge Stewart Issues Trial Order
Authored by: IMANAL_TOO on Friday, February 05 2010 @ 03:28 PM EST
"Update: Here's how folks get drafted into the jury pool in Utah district courts, if you are interested. Here's a FAQ for them. And here are the federal rules, including how folks are selected to be jurors."

Update 2: And here is book about the defense of a prominent studio executive.



---
______
IMANAL


.

[ Reply to This | # ]

Request granted
Authored by: Anonymous on Friday, February 05 2010 @ 03:49 PM EST

Feb 4 2010 Application (09A647) granted by Justice Sotomayor extending the time to file until March 4, 2010.

[ Reply to This | # ]

Rules don't matter
Authored by: Anonymous on Saturday, February 06 2010 @ 09:21 AM EST
Rules don't matter if the cards are stacked. And boy, if I got one impression
while watching the SCO saga then it is the impression that the cards are stacked
and Novel and IBM will never get justice.

[ Reply to This | # ]

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