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This is an exception to the usual rule that all parties in litigation must disclose any evidence that is relevant to the proceedings.
All too often, parties in litigation have occasional communications via attorneys, with little or no outside correction or feedback given on the course of their litigation.
What about those cases where litigation is inevitable, yet one or both parties in litigation have not the money to lodge sponsio with the urban praetor?
Oddly, courts have offered little guidance about how electronic evidence should be collected or filtered before it is provided to another party in litigation or to the court.
There are technical limitations to archiving a website, and as a consequence, it is possible for opposing parties in litigation to misuse the results provided by website archives.
FOIA exemption (b)(5) allows agencies to withhold inter-agency or intra-agency memorandums or letters which would not be available to a party in litigation with the agency.
And while it would be unusual for a judge to meet privately with parties in litigation, a mediator can talk to the parties independently, thereby gaining insights that might otherwise be unavailable.
The Court of Appeal held that such an assignment contravened the old common law prohibition on champertous causes, or ones which involve a party in litigation for payment when they have no interest.
"They literally saved every backup tape they ever made," said John Jessen, president and chief executive of Electronic Evidence Discovery Inc., a Seattle company that provides computer support to parties in litigations, including the manufacturer.
Any party in litigation before me may file a motion for consideration of this issue, or if I have already ruled, may appeal my decision to the U.S. Court of Appeals for the Eighth Circuit."
Jones v Kaney [2011] UKSC 13 is a 2011 decision of the Supreme Court of the United Kingdom on whether expert witnesses retained by a party in litigation can be sued for professional negligence, or whether they have the benefit of immunity from suit.
In addition, because EPA cannot guarantee protection from potential alteration or tampering of the materials on this server by outside parties, these materials do not constitute "official" versions, and they are not intended, nor can they be relied upon, to create any rights enforceable by any party in litigation with the United States.