The postillions, each with a broad grin convulsing his countenance, were viewing the adverse party
from their saddles, and Mr.
Bersamin, who was then an associate justice, said: "What we need is an actual case and controversy and that requires an adverse party
, and yet you say nothing has been denied to you by the respondent, so where would this adverseness come from?" As the court ruled on the petition, the tribunal also held Falcis, and his fellow petitioners, lawyers Darwin Angeles, Keisha Trina Guangko and Christopher Ryan Maranan for indirect contempt.
It says "because no adverse party
has served an answer or motion for summary judgment in this matter, plaintiff is dismissing the civil action".
It lists several prevention measures, including: detainee registration, ensuring means of identification, and the establishment of national information bureaux, "to exchange information on detainees and civilians belonging to an adverse party
, to transmit information to that party...and to open enquiries regarding these persons".
The fraud must emanate from the act of the adverse party
and must be of such nature as to deprive petitioner of its day in court."
The time pressure may be great on the adverse party
from the NYAG's petition to the hearing may be only five days, and the respondent must serve answering papers at least two days before the hearing (CPLR 403).
A lawyer who obtains confidential information from a prospective client may not thereafter represent an adverse party
if the information might be "significantly harmful" to the prospective client, unless certain conditions are met.
You only subpoena a witness who is not involved in the matter or is an adverse party
However, the Lee firm's conflict records did not include A as an adverse party
. Shortly after the merger, the Lee alumni (now BT lawyers) wrote three battle-planning letters to B about B's products and A's patents.
Under our adversarial system, prosecutors may consider only the evidence presented to them over which the adverse party
had been given a chance to rebut.
Would it be feasible to have a spouse as a named beneficiary, or the grantor only receive distributions with the consent of an adverse party
in order to avoid grantor trust status?
"I don't know why those allegations in and of themselves don't create an adverse party
," Barron said.