Photo/Anita Gould

Judge Rules on Excluding Evidence

Federal Judge R. Gary Klausner ruled on pending motions by attorneys on both sides of the Axanar copyright infringement case to exclude major pieces of evidence and witnesses from the upcoming January 31, 2017, trial.

Klausner’s ruling came as part of the final pretrial conference on January 9. It was a mixed victory and loss to both sides, as the judge further narrowed the scope of the case following his ruling the week before denying Axanar’s fair use defense.

Klausner noted, however, that his rulings were only tentative; each side’s rebuttal to the other’s opposition were still due January 21.

Plaintiffs' Motions to Exclude Evidence

1. Motion to exclude altered financial statements and its contents — DENIED.

2. Motion to exclude evidence and arguments relating to versions for the potential fan film, Axanar, created by Defendants after litigation was filed — GRANTED.

3. Motion to exclude evidence and testimony relating to public statements made by J.J. Abrams and Justin Lin — GRANTED.

4. Motion to exclude testimony and documents from lay witness Reece Watkins — GRANTED.

5. Motion to exclude testimony and documents from lay witness, Fan Film Factor blogger Jonathan Lane — GRANTED.

6. Motion to exclude testimony and documents regarding Star Trek fan films — STILL UNDER CONSIDERATION.

7. Motion to exclude testimony and documents discussing Alec Peters’ unrelated work regarding Star Trek props — GRANTED.

8. Motion to exclude testimony, documents, or other evidence created or made after this lawsuit was filed — GRANTED.

9. Motion to exclude the testimony of Defendants’ expert financial witness Christian Tregillis — DENIED.

10. Motion to exclude the testimony of University of Southern California media studies professor, Henry Jenkins, who was to testify on fan productions’ legitimate fair use of copyrighted property — GRANTED.

Defendants' Motions to Exclude Evidence

1. Motion to preclude Plaintiffs from relying on evidence concerning alleged discovery violations — GRANTED.

2. Motion to preclude Plaintiffs from relying on evidence not disclosed before the cut-off for discovery — DENIED.

3. Motion to preclude Plaintiffs from introducing evidence regarding allegedly infringed works not identified in the legal complaint — GRANTED.

4. Motion to preclude Plaintiffs from relying on evidence regarding items that are unoriginal, in the public domain, or from third parties —GRANTED.

5. Motion to preclude Plaintiffs from relying on evidence concerning personal drama, smear campaign, and other irrelevant communications, including witnesses Christian Gossett and Terry McIntosh — GRANTED.

6. Motion to preclude Plantiffs from introducing evidence referencing older, so-called superseded scripts —GRANTED.

7. Motion to preclude Plaintiffs from introducing Defendants’ financial information and references to “profits” allegedly earned by Defendants — DENIED.

8. Motion to preclude Plaintiffs from introducing evidence regarding Defendants’ use of the “Star Trek” name — DENIED

9. Motion to preclude Plaintiffs from introducing evidence as to the professional nature of Defendants’ Works — GRANTED.


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