A battle in court over the discovery process in the civil case between the family of late Penn State Coach Joe Paterno, and the NCAA.

FOX's Jeff Monosso reports:

Lawyers for the family of late former Penn State football coach Joe Paterno and the NCAA were in court in State College P.A. ahead of a civil defamation trial, focusing on a 2013 critique produced by Paterno's family of a Penn State commissioned report that was critical of Paterno's handling of the Jerry Sandusky child sexual abuse scandal.

The NCAA want that critique though the family's attorneys claim attorney client privilege. The judge will later rule the Penn State Sandusky report was also criticized by those who say it drew conclusions about Paterno, unsupported by the facts.

Paterno died in January 2012 of cancer. Sandusky is serving a minimum of 30 years in prison.

Jeff Monosso, FOX News.