[HenryLeeII]

Someone mentioned on another thread that if Kerry or the DNC sues, the SBVs would have discovery rights (i.e. legal standing to request and receive Kerry's medical and service records). Can anyone confirm or deny that this would be the case?

[maryz]

In a civil suit, both sides have the right to discovery: primarily requests for production of documents, written interrogatories (questions) and depositions of individuals or entities (as represented by "person most knowledgeable"), which involve sworn testimony in answer to questions by lawyers recorded by a court reporter. (Non-parties may be subpoenaed for documents and/or depositions.) Discovery disputes, e.g., about which documents requested or questioned may be irrelevant or "overly burdensome," are generally handled at a hearing. All the judges I've ever heard of are made extremely unhappy by discovery disputes.

A complicating point here is that the Kerry/DNC lawyers have written to broadcasters warning them not to run the ad, not to the SBV for producing it; apparently, if they sue, they will sue broadcasters who run the ad. A few posters on other threads have pointed out that the liberal media will now have a plausible excuse to refuse the ad. Luckily, there are at least some conservative outlets that will run it, so these will be outlets that will be sued.