Molodi1 M, Farhani2 R. A Comparative Review of Disclosure of Electronic Documents and Information in Evidence of Proving the Claim in English, American and Iranian Law. CLR 2015; 19 (2) :143-164
URL:
http://clr.modares.ac.ir/article-20-3709-en.html
1- 1. Assistant Professor, Department of Law, Buali Sina University, Hamedan, Iran
2- 2. M.A. in Private Law, Buali Sina University, Hamedan, Iran
Abstract: (9790 Views)
Increasing production and storage of electronic documents and information is one of the major consequences of development of IT. Accepting the probative value of electronic documents and information, they have become one of the most important and common evidences proving in litigation. Today, in many cases, the parties of litigation are compelled to exploit this type of probative evidence for proving their claims. When electronic documents and information related to
litigation are in control or possession of the defendant, the other party can request their disclosure for his/her own proving claim. According to the request, the defendant is required to disclose in a four-step process to provide the requested electronic documents and information. The current research seeks to comparatively analyze the conditions governing the electronic documents and information disclosure as well as their sanction in English, American and Iranian law.
Received: 2014/09/21 | Accepted: 2015/08/23 | Published: 2015/09/22