CBS's "Rules of Engagement" for Star Trek Fan Films

[Noname Given]

Well, I'm no lawyer either, but I'll take a shot. Discovery is the process where the opposing councils try to figure out exactly what evidence the other side has. If I understand correctly you can demand any documentation you want and any other material you can think of that the other side would have that might be relevant to the case. It would be ongoing and separate from any settlement talks. Of course, I would think settlement talks might be impacted if (hypothetically) L&L found a letter from AP that said something like "Fuck CBS, I'm going to get rich off Star Trek and Axanar Coffee is just the beginning." Something like that might cause AP & Company to be more amenable to settlement talks or just throw in the towel altogether and beg for mercy (of which there may not be much). The litigation is the whole smash, the outside accountant might be part of discovery since the bookkeeping should be a crucial part of how the litigation turns out. The IRS is not going to be part of the litigation, although it might take its own legal action under the Tax Code. Hope that helps.
To the lawyers out there, feel free to correct any mitskakes...

No real 'figuring' involved.

In Discovery BOTH SIDES have to make copies of whatever evidence they plan to present at trial (They don't have to say HOW they'll present or argue it at Trial, but they have to make the other side aware of it.) And in fact one of the procedures that happens in pre-trial in front of a Judge is that both sides show the exhibits they WANT to use at Trial; and the Judge will rule whether the exhibit is okay/proper. It's not as draconian as It sounds because most stuff gets admitted with no objection by either party. But, when a contested exhibit comes up things between attorneys can get heated <--- And that's why they do this BEFORE a Trial and before the Jury is selected. No, one side or the other might still, raise an objection to an exhibit during trial if the other side presents it in a way that wasn't okayed/ or was in fact denied by the Judge Pre-trial.

Also, it doesn't mean that if new evidence comes to light AFTER Discovery or during the Trial that it can't be introduced; BUT the side bringing it in must again provide copies to the opposing side; and there is usual a hearing outside the presence of the Jury to discuss it's introduction; and further, if's it's found that this was something one side or the other DID know about when the case was in Discovery, but didn't disclose it to the Judge or the other side; legal sanctions against the offending attorneys can occur; and if it's serious enough, it could be grounds for a mistrial.

And if a mistrial was declared, it doesn't man the case is dismissed. It just means the Jury is dismissed; and depending on the situation, the case was most likely be re-tried from the start with a new Jury.

 

[QuantumMechanic]

No real 'figuring' involved.

In Discovery BOTH SIDES have to make copies of whatever evidence they plan to present at trial (They don't have to say HOW they'll present or argue it at Trial, but they have to make the other side aware of it.)

It's more than that. Party A can also demand that Party B give A information, whether or not B wants to hand it over and whether or not B would prefer it stay secret, if the information would be relevant enough to the case. So CBS/P could say "send us copies of all emails between Peters and the coffee people". Or "send us copies of all emails Peters sent or received that contain the following keywords: ....".

 

[PattyW]

No real figuring involved - because the head of CBS legal for licensing said to me "just because we haven't taken action yet doesn't mean we aren't going to."

 

[ThankYouGeneR]

Sorry, rather new to this thread. So are you meaning you talked to him recently or are you referring to something from the past?