The Judge in SCO v. Novell Has Taken Both Motions Under Advisement

Tuesday, May 11 2004 @ 06:20 PM EDT

Contributed by: PJ

First word from the courthouse: Frank Sorenson reports that the judge heard arguments regarding both motions, and he said he would take them under advisement. It means we won't have a ruling on either motion today.

If you recall, Judge Wells, after the last hearing on discovery matters in the SCO v. IBM case, also decided not to rule that day, taking it under advisement, despite that being rare in discovery matters, evidently so she could rule after careful deliberation and so that there would be a written order:

"Counsel, while it is somewhat unusual in a discovery matter to take something under advisement, I think that based upon the somewhat complex nature of the requests that I will issue a written order as to both of the issues before the Court."

I gather the judge would like to do the same here. It's never bad when a judge decides to take time to get it right in a complex matter, and a written order is good for any appeal. In contrast, the first hearing before Judge Wells in SCO v. IBM was decided on the spot, where the issues were a bit simpler. There is no way to know in advance which way it will go in a particular case. We'll have more details and impressions from the court room within the hour.

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