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Microcap & Penny Stocks : Ben Ezra Weinstein (BNEZ) -- Ignore unavailable to you. Want to Upgrade?

To: otcbbbaby who wrote (4048)	10/31/1998 2:08:00 AM
From: Elio Madama	Read Replies (1) \| Respond to of 9391

This post come from The Raging Bull. Elio ===================================================================== An explanation of discovery. Discovery is a process whereby parties to a lawsuit narrow the areas of dispute by sharing information with each other under the rules of civil procedure and generally with little or no Court supervision. Generally when a law suit is filed the complainant will make the case as "big" as possible and add as many defendents as possible. Sometime a defendent is added just for the purpose of obtaining discovery. There are many forms of Discovery including Requests to Admit, Interrogatories, Depositions, and Document Production. Discovery is generally available from parties to a lawsuit excepting depositions. Depositions can be taken of potential witnesses and parties to the lawsuit. Requests to Admit require the party being served to Admit or Deny the filing parties assertions one by one. For example...Admit or Deny that AOL provides stock quotation. Interrogatories are questions that must be answered in writing. For example...Where do your stock quotations come from? and What AOL Executive is responsible for the content? Depositions are sworn testimony given in the presence of counsel and a court reporter. The deposition is usually transcribed though today more and more video depositions are given (reference the President's depo). Depositions are often used to find other witnesses or to lock someone in on there testimony. A Document Production is given in response to a request by one party on another to basically open there files up for review. This is the meat and potatoes of complex litigation. For example...Produce all documents authored by the AOL stock quotation department between 1/1/92 and 12//31/97. The idea of discovery is to narrow and limit the issues to be litigated. Trials are very expensive and courts are overburdoned. Surprise witnesses like Perry Mason do not happen in Civl Cases. The parties to the lawsuit discover much about the strength and weaknesses of each others cases and settlement negotiations can occur during the Discovery Process. What does this mean to the BNEZ lawsuit? I dont know. If AOL has something they do not want discovered then perhaps they will settle quicker and for more money. If AOL has a strong defense they may desire to fight it out for a long long time. Reiterating the idea that while Discovery narrows the issues to be tried in court...several things lend themselves to a full trial. Something that would be more likely to be litigated would be new law...or something that hasnt been tried before. Groundbreaking stuff that is. This works in BNEZ's favor i believe. AOL could write a check tomorrow to make this go away. Because of the possibility of new law being created the pressure to settle would be on AOL. I suspect that they like the law as it is. They represent the status quo. The court and a trial represents a change in the way things are done. I am not a lawyer nor do I play one on TV. Any attorneys out there feel free to comment. Post this on SI if you think useful. Regards John Davis