NCAA ordered to produce papers

The request sets in motion a case that originated on March 10, 2004, when Fulmer, along with the NCAA and American Football Coaches Association, filed a lawsuit against the parents of former Alabama recruit and Tennessee player Kenny Smith.

The suit seeks a declaratory judgment that information provided in connection with enforcement of NCAA rules is not actionable as defamatory.

The Smith family filed a $40 million defamation lawsuit against Fulmer in Tuscaloosa (Ala.) County last summer.

As a result of that lawsuit, Fulmer skipped the SEC's media days in Birmingham last July to avoid the possibility of being subpoened as it related to the Alabama lawsuit. The case was subsequently dismissed on Aug. 2 on the grounds of lack of jurisdiction. Fulmer was fined $10,000 by the SEC for missing the media event.

Attorneys for the Smiths then filed a notice in Knox County, attempting to schedule Fulmer for deposition on Nov. 10.

Hagood said Fulmer was not deposed because "the issue does not need discovery.''

The Smiths followed up with a $60 million defamation lawsuit against Fulmer and the NCAA on Jan. 6. The suit involves four separate counts, including Fulmer's testimony to the NCAA on March 9, 2000.

According to the NCAA interview summary, "Fulmer reported that V. Smith (Smith's mother, Vicki) was an attractive woman and that there were rumors that V. Smith was involved with assistant football coach Danny Pearman, who was recruiting Smith for Alabama.''

Historically, NCAA interviews have been kept private. The NCAA has relied on institutions to police themselves as well as one another. Anonymity has been vital to that process.

But because of a federal case involving former Alabama booster and Memphis businessman Logan Young, NCAA testimony as it related to Young's role in the Crimson Tide's recruiting violations was subpoened, and hence made public.

Weaver wants to see the paperwork that led to the Fulmer's testimony being made public.

Young, who was accused by the NCAA of paying $150,000 to lure defensive line prospect Albert Means to Alabama, was recently found guilty of bribing a high school coach to help get Means to play for the Crimson Tide.

Hagood said he's confident that once the NCAA provides paperwork showing that it had no choice but to release the interview transcripts, the case will go in his client's favor.

"We look forward to the judge's ruling,'' Hagood said. "This matter will be resolved in due time. It's really an NCAA issue at this point.''