What’s Better? Summary Judgment Rulings or a Jury Trial?

“I was noticing on the schedule for SCO v. Novell that tomorrow
is the day to file the Final Pretrial Order. Here’s an example of
one, and some instructions so you know what it is. Here’s Utah’s
form. Very clear and precise.

“As you can see, it’s the parties who do the heavy lifting in
preparing it, supposedly together. I’m sure that is nothing but fun
for them. All the lists that we’ve seen filed last week and this
week make up a good chunk of what it’s about. As you can see from
the form, it basically organizes the litigation conceptually and
logically so the judge knows what it is all about. It gives him a
ruler, so to speak, and the parties are supposed to try to follow
this layout of how things will go with respect to witnesses and
exhibits to be used. Both sides have already told the court that
they may amend their lists, though, so this is a final pretrial
order in name only. You’ll like the last question, and I confess I
look forward to seeing how they fill in that blank in answer to the
question as to what are the possibilities of settlement, good,
fair, or poor? I’d say, slim to none…”

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