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protective_order [2016/07/12 22:59] – adds splash image; Carlos Pedrazaprotective_order [Unknown date] (current) – external edit (Unknown date) 127.0.0.1
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 {{::files-on-shelf.jpg|Files on Shelf by Bandi, Flickr}} {{::files-on-shelf.jpg|Files on Shelf by Bandi, Flickr}}
-{{TOC}} 
 ====== Protective Order ====== ====== Protective Order ======
 +{{TOC}}
 +<WRAP>
 +//**__ __**// <wrap lo>**By [[user>cpedraza|Carlos Pedraza]]**</wrap>
 +</WRAP>
 +
 +<wrap lo>//Main article: [[discovery|Discovery]]// \\
 +//See also: [[compel_discovery|Motion to Compel Discovery]]//</wrap>
  
-<wrap lo>//Main article: [[discovery|Discovery]]//</wrap> 
  
 With a July 12, 2016, joint filing, both sides in the Axanar copyright lawsuit agreed to a **protective order** to govern how sensitive information is handled during the case's [[discovery]] phase. With a July 12, 2016, joint filing, both sides in the Axanar copyright lawsuit agreed to a **protective order** to govern how sensitive information is handled during the case's [[discovery]] phase.
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 > Parties now undertake discovery away from the court. Experience has proved confidentiality protective orders to grease the wheels of discovery in many cases. Parties are often more willing to produce requested discovery when they know that such production does not necessarily make the information public.(([[http://www.fjc.gov/public/pdf.nsf/lookup/confidentialdisc.pdf/$file/confidentialdisc.pdf|Federal Justice Center: Confidential Discovery — A Pocket Guide on Protective Orders]], (2012), p.1.)) > Parties now undertake discovery away from the court. Experience has proved confidentiality protective orders to grease the wheels of discovery in many cases. Parties are often more willing to produce requested discovery when they know that such production does not necessarily make the information public.(([[http://www.fjc.gov/public/pdf.nsf/lookup/confidentialdisc.pdf/$file/confidentialdisc.pdf|Federal Justice Center: Confidential Discovery — A Pocket Guide on Protective Orders]], (2012), p.1.))
  
-The order in [[lawsuit|this case]], was agreed to by attorneys for the plaintiffs, [[CBS]] and [[Paramount Pictures]], and the defendants, //Axanar// producer [[Alec Peters]] and [[Axanar Productions]].+The order in [[lawsuit|this case]], was agreed to by attorneys for the plaintiffs, [[CBS]] and [[Paramount Pictures]], and the defendants, //Axanar// producer [[Alec Peters]] and [[Axanar Productions]]. Federal magistrate [[federal_magistrate_judge_charles_f._eick|Judge Charles F. Eick]] approved the order the same day.
  
-The order, filed July 12, 2016, in federal district court, defines the type of evidence each side agrees deserves protection, how it is labeled 'confidential,' and who gets to see it before trial. It also provides for challenges by either side about the confidentiality of the information, to be decided by [[judge_r._gary_klausner|the judge]], before going on to be disclosed publicly at trial.+The order, filed in federal district court, defines the type of evidence each side agrees deserves protection, how it is labeled 'confidential,' and who gets to see it before trial. It also provides for challenges by either side about the confidentiality of the information, to be decided by [[judge_r._gary_klausner|the judge]], before going on to be disclosed publicly at trial or in support of pre-trial motions.
  
 Such orders are intended to "expedite discovery, reduce costs, and protect the parties in the event of inadvertent disclosure."(([[http://www.smithmoorelaw.com/Confidentiality-and-Protective-Orders-08-05-2013|"Confidentiality and Protective Orders," by Bailey King, et al.]], Smith Moore Leatherwood, DRIs for the Defense, 8/5/13.)) Such orders are intended to "expedite discovery, reduce costs, and protect the parties in the event of inadvertent disclosure."(([[http://www.smithmoorelaw.com/Confidentiality-and-Protective-Orders-08-05-2013|"Confidentiality and Protective Orders," by Bailey King, et al.]], Smith Moore Leatherwood, DRIs for the Defense, 8/5/13.))
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 ==== Public Domain ==== ==== Public Domain ====
  
-Specifically exempted from the order, however, are any information already made public or that may become public while not violating the order, including becoming part of the public record through trial.+Specifically exempted from the order, however, is any information already made public or that may become public while not violating the order, including becoming part of the public record through trial.
  
 The order does provide that any depositions not designated confidential can be retroactively claimed so within 30 days of the receipt of transcripts, affecting specific pages and lines of the transcript. The order does provide that any depositions not designated confidential can be retroactively claimed so within 30 days of the receipt of transcripts, affecting specific pages and lines of the transcript.
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   * Independent consultants or experts hired by either side to testify or prepare for trial or depositions.   * Independent consultants or experts hired by either side to testify or prepare for trial or depositions.
   * People deposed in the case, before, during and after their depositions   * People deposed in the case, before, during and after their depositions
-  * The Court and its personnel +  * The Court and its personnel. 
-  * Court reporters or videographers selected by attorneys +  * Court reporters or videographers selected by attorneys. 
-  * Anyone who authored previously received the confidential information.+  * Anyone who authored previously received confidential information.
  
 === ‘Attorneys' Eyes Only’ === === ‘Attorneys' Eyes Only’ ===
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   * Independent consultants or experts hired by either side to testify or prepare for trial or depositions, so long as they are not competitors of any party.   * Independent consultants or experts hired by either side to testify or prepare for trial or depositions, so long as they are not competitors of any party.
   * Some witnesses during depositions, providing for prior notice to opposing counsel with the opportunity to object.   * Some witnesses during depositions, providing for prior notice to opposing counsel with the opportunity to object.
-  * The Court and its personnel +  * The Court and its personnel. 
-  * Court reporters or videographers selected by attorneys+  * Court reporters or videographers selected by attorneys.
  
 ===== Challenging ‘Confidential’ Designation ===== ===== Challenging ‘Confidential’ Designation =====
  
-While either side can freely designate confidential material, the order provides for challenges that designation. Attorneys may seek a court order declaring information doesn't deserve to remain confidential. Before seeking such an order, both sides agreed to confer to resolve such differences.+While either side can freely designate confidential material, the order provides for challenges of that designation. Attorneys may seek a court order declaring information doesn't deserve to remain confidential. Before seeking such an order, both sides agreed to confer to resolve such differences.
  
 ===== Using Confidential Information in Court ===== ===== Using Confidential Information in Court =====