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protective_order [2016/07/14 09:16] – grammar fixes Carlos Pedraza | protective_order [Unknown date] (current) – external edit (Unknown date) 127.0.0.1 | ||
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{{:: | {{:: | ||
- | {{TOC}} | ||
====== Protective Order ====== | ====== Protective Order ====== | ||
+ | {{TOC}} | ||
+ | < | ||
+ | //**__ __**// <wrap lo>**By [[user> | ||
+ | </ | ||
+ | |||
+ | <wrap lo>// | ||
+ | //See also: [[compel_discovery|Motion to Compel Discovery]]//</ | ||
- | <wrap lo>// | ||
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:// | > 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:// | ||
- | 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 ' | + | The order, filed in federal district court, defines the type of evidence each side agrees deserves protection, how it is labeled ' |
Such orders are intended to " | Such orders are intended to " | ||
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==== Public Domain ==== | ==== Public Domain ==== | ||
- | Specifically exempted from the order, however, | + | Specifically exempted from the order, however, |
The order does provide that any depositions not designated confidential can be retroactively claimed so within 30 days of the receipt of transcripts, | The order does provide that any depositions not designated confidential can be retroactively claimed so within 30 days of the receipt of transcripts, | ||
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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 confidential information. | * Anyone who authored previously received confidential information. | ||
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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, | ||
* Some witnesses during depositions, | * Some witnesses during 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. |
===== Challenging ‘Confidential’ Designation ===== | ===== Challenging ‘Confidential’ Designation ===== |