Friday November 21, 2008


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Class Action Lawsuit FAQ - page 5

8. Continued from previous page

After the answers are filed and any motions ruled on, a period of "discovery" will usually take place. Discovery involves the lawyers demanding documents from the other side, asking written questions, and taking depositions. Courts will hold a conference with the lawyers and set a timetable for preliminary discovery needed for certification to be completed.

The parties will begin confirming the evidence in a process called discovery. Each side can request documents, ask written and oral questions of witnesses and gather information from each other. Many company executives will be required to answer questions about the practices at RegisterFly, eNom and ICANN. The named plaintiffs will all be asked to answer questions and provide documents as well.

During the discovery phase, the defendants may file motions to challenge the legal sufficiency or underlying factual basis for the action. These are usually called motions for summary judgment. If a defendant wins, some or all of the plaintiffs' claims may be dismissed.

After the preliminary discovery is complete, the plaintiff will file motion to certify a class action. The defendants will file objections to certification. The Court will have a hearing. If plaintiffs win, the case proceeds to be certified as a Class Action.

Trial or Settlement. After final certification is granted, additional discovery may be needed before the case is tried. After that discovery is completed, the case is set for trial unless it settles. The trial of a class action procedurally is the same as for any other civil lawsuit.

9. Can the Defendant(s) retaliate against me for contacting you or helping with the case?

Not lawfully. It is against the law to retaliate against you for involvement in a class action case.

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