Microsoft Asks Higher Court to Shut Proceeding

Microsoft Corp. asked an appeals court Wednesday to prevent members of the public from attending the government’s pretrial questioning of the company’s chairman, Bill Gates, and its other executives. Microsoft hurriedly made the request less than 15 minutes after a federal judge refused to change a ruling he issued Tuesday permitting open interviews.

The legal skirmish will probably postpone the interviews, or depositions, for at least several days in the antitrust case. The delay could affect the start of the trial, scheduled for Sept. 8, of the government’s case.

Microsoft asked U.S. District Judge Thomas Penfield Jackson early Wednesday to postpone enforcement of his open-interview ruling while the company mounted an appeal. The company wanted to continue with private questioning while the appeals court considers the matter.

But Jackson, who has requests from media organizations and the Justice Department to open the depositions to the public, denied Microsoft’s petition. He then ordered the government and Microsoft to work out arrangements for public depositions. He told attorneys for each side to hammer out the many details, from how to provide public notice for the depositions to deciding the number of spectators allowed and whether TV coverage should be permitted.

Several depositions in the case have already taken place--all closed to the public. The request to open the remaining depositions, including a much-anticipated one with Gates was made by several media organizations late last week.

Microsoft indicated it would work with government and media lawyers on details of the open questioning even while it appeals the ruling.

The appeals court late Wednesday asked lawyers for the Justice Department and the media organizations to submit legal briefs outlining their arguments by Friday.