New *Joint* Voir Dire Questions

By Pamela Jones
Groklaw

March 3, 2010

SCO and Novell have amended their voir dire questions and submitted a new joint set:

The parties jointly submit this set of Joint Proposed Voir Dire Questions, to be considered in lieu of the questions previously submitted separately.

Here are the originals [ http://www.groklaw.net/article.php?story=20100223220534890 ], their separate lists, if you'd like to compare. And I think you might like to, because this is the first time the parties' lawyers have cooperated on anything that I can recall getting better as a result. Probably Judge Ted Stewart's no nonsense ways can take credit for this. Either that or it's sun spots. Something worked.

Here it is:

03/03/2010 - 753 [ http://www.groklaw.net/pdf2/Novell-753.pdf ] - Proposed Voir Dire by Plaintiff SCO Group, Defendant Novell, Inc.. (Hatch, Brent) (Entered: 03/03/2010)

I note no one now is being told to raise their hand. SCO had a proposed question asking if anyone had "very positive opinions of large computer companies such as Novell, IBM, Microsoft, Sun, etc." That has now morphed into the less emotive, more neutral question: "Do you have strong opinions of computer companies such as Novell, IBM, Microsoft, and Sun?"

And there are no questions about bankruptcy now. Some of it is completely new. For example, they ask now if anyone has stock in IBM or any of the other companies involved, including Red Hat and SuSE. But the biggest change is that there is no question being asked about whether anyone has a college education. So, brains are apparently not a bar to serving on a jury in Utah. Like I say, it's an improvement.

Here then are the new joint proposed voir dire questions:

*********************************

PROPOSED VOIR DIRE QUESTIONS

1. Have you ever had someone accuse you of writing or saying something inaccurate about someone else?

2. Have you ever been accused of taking credit for an idea that was not your own?

3. Do you have any experience drafting or negotiating contracts?

4. Have you ever worked as a manager or supervisor?

5. Have you ever worked in commission sales?

6. Have you ever worked for a company that has been sued?

7. Have you or someone in your immediate family worked for a computer company or a computer software company?

8. Do you have strong opinions of computer companies such as Novell, IBM, Microsoft, and Sun?

9. Have you ever used a computer operating system called UNIX or Linux?

10. Do you like to keep up with news in the computer/technology sector?

11. Have you ever seen, read, or heard anything about disputes related to software such as UNIX and Linux?

12. Do you have any familiarity with "open source" software?

13. Do you know what Linux is?

14. Have you or a member of your immediate family been sued?

15. Have you ever worked for a large corporation?

16. Do you have any work experience or special training in software development or sales?

17. Do you or any members of your immediate family own stock in SCO, Novell, or IBM?

18. Do you or any members of your immediate family own stock in Red Hat, SuSE Linux, or any other company involved with Linux?

19. Would any of you be unduly burdened with financial, business, or family problems if the trial of this case lasts as many as 15 trial days?

20. Based on what we have described so far, do you or any of your close friends or relatives work or have any business connection with any of the parties to this action or think that you know anything about this case or the parties, The SCO Group and Novell?

21. Have any of you ever served as a juror before?

If yes:
a. In what kind of case?

b. What was the outcome?

22. Have you ever been involved in a lawsuit?

If yes:
a. In what kind of case?

b. What was the outcome?

23. Have any of you ever been personally involved in a breach of contract dispute?

If yes:
a. What was the dispute?

b. Were you accused of breach of contract or did you accuse another person or entity of breach of contract?

c. Was a court action filed?

d. What was the outcome?

24. Have any of you ever specifically negotiated the terms of a written contract?

If yes:
a. What was the contract?

b. Did you retain legal counsel for the negotiations?

25. Have any of you ever worked for a company that has been involved in a breach of contract lawsuit?

If yes:
a. What was the outcome?

b. How did you feel about the outcome?

26. In connection with your employment, do you have anything to do with the adjustment of claims or the settlement of claims for damages?

27. Have you or any member of your immediate family ever had a claim against anyone for damages? (If so, what kind of claim? What did it involve? Was this claim compromised or settled out of court, or did the matter go to trial? Would that fact influence you in any way in reaching a verdict in this case? Were you satisfied with the outcome of this claim?)

28. Has anyone ever had a claim for damages against you or a member of your immediate family? (If so, what kind of claim? What did it involve? Was this claim compromised or settled out of court, or did the matter go to trial? Would that fact influence you in any way in reaching a verdict in this case? Were you satisfied with the outcome of this claim?)

29. Do you know any of the following persons who may be called to testify in this case?

[Read Witness Lists]

30. Do you know, or have you had any dealings with, any of the following companies or businesses?

[Read List of Businesses Likely to Be Mentioned During the Trial.]

31. If so, describe your connection or affiliation with any of these companies or businesses.

32. Do you regularly read computer- or technology-oriented magazines?

33. Are you familiar with operating systems, such as Microsoft DOS or Windows or Apple operating systems?

34. Are you familiar with other operating systems, such as Netware, UNIX, or UnixWare?

35. Do you, or anyone in your family or any of your close friends, work for or in close contact with the accounting or financial forecasting industry?

36. Do you, or anyone in your family or any of your close friends, work for or in close contact with law firms or the legal system?

37. Do you, or anyone in your family or any of your close friends, work for companies involved in licensing intellectual property or software?

a. If yes, please describe that work experience.

38. Have you, or anyone in your family or any of your close friends, been negatively impacted by the recent economic downturn?

39. Do you, or anyone in your family or any of your close friends, maintain a weblog, or blog?

40. Have you, or anyone in your family or any of your close friends, ever filed a copyright registration with the United States Copyright Office?

41. Have you, or anyone in your family or any of your close friends, ever been involved in the sale of a business or assets of a business?

a. If yes:
i. When?

ii. What was the nature of business?

iii. Describe your involvement.

iv. Did any disputes arise concerning the sale? If so, please describe.

42. Do any of you know of any reason why you think that you could not sit in this case and render a just, fair, honest and impartial verdict?