Webwork - 12:12 am on Mar 18, 2007 (gmt 0)

I guess the judge isn't tech savvy enough to realise this.

Perhaps webfolk aren't savvy enough to realize that a judge does not dismiss a case "on the pleadings" except in very unique circumstances. She has plead a cause of action, setting forth sufficient factual allegations, to sustain a challenge at this stage. The judge is allowing her a bit of leeway, to further develop a factual record, upon which he will rule.

A judge, again in the right case, can craft an order allowing for a time limited period of "discovery" (search for admissible evidence) - during which time the parties have to answer questions and produce documents - which discovery may also be limited as to what is to be explored, all to serve the purpose of building a record upon which a ruling can be crafted that will stand up to an appeal.