Zerify Inc (ZRFY)

[Gold49er]

SORRY Koog, Markman hearing can be a Trial

I really hate to disagree with you again Koog, please don't take offence. But when it comes to certain issues, they Task me into a debate. I will however go so far as splitting hairs and we can say we are both correct. Okay ?

Markman hearings can come at Many Points During Court Proceedings:


1) Some Judges do Markman hearings in the Middle of Discovery.

2) Some do them them at the End of Discovery.

3) There are some Judges that do them as part of a Summery Judgement.

4) Some do them as part of the Pre-Trial.

5) Still other Judges will do them at the Charging Conference right before the Jury comes in to Deliberate.

6) Some judges will do them purely on the papers.

7) Others will have a hearings sort of like Summary Judgement Hearing.

8) Still others will have an Evidentiary Hearing sort of a Mini-Trial.

Markman hearings can be very very different depending on where you are.

Why is an Evidentiary Hearing a Trial?

Because Evidence is presented and Witnesses are heard and By Rule 55 of evidentiary hearings, Upon determining that default judgment is appropriate, therefore, the court must generally conduct an evidentiary hearing before awarding an amount of damages or otherwise making an award.

An evidentiary hearing, on the other hand, is a trial-like proceeding where parties are permitted to offer into evidence documents and live witness testimony. Generally, in an evidentiary hearing parties are permitted to make opening and closing statements, examine and cross-examine witnesses and raise objections and obtain rulings on objections from the AJ. A proceeding is an "evidentiary hearing" only if witnesses testify under oath or affirmation and a verbatim record of the proceeding is made.