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If a party has information that is confidential in nature, do court procedures allow for this information to be provided to the Adjudicator without a copy being presented to the other party.

For example, if a printout of a bank account was the only way to prove a payment was made or received, but the same printout also discloses other transactions which are to third parties for unrelated matters, is there a mechanism for this to be presented as evidence without disclosing the information to the third party (either by way of redaction or by presenting it to only the adjudicator?)

What are the legal terms used to describe this kind of information or management of this type of data? (The closest term I can conjour which I've half made up would be something like ex-parte evidence???)

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  • Nowadays banks allow to specify time brackets for transactions to be exported to statements. You can narrow it to just one day when the transaction in question happened.
    – Greendrake
    Commented Jul 17, 2021 at 0:32
  • @Greendrake, Thank you, I know that. Problem is the evidence is not available in a partial form.
    – davidgo
    Commented Jul 17, 2021 at 1:09

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Yes, you can have secret evidence

But only if you’re the government in a criminal trial and the evidence has security implications. Then you can present it only to the judge and not the defendant. All countries do this and yes, it’s problematic and controversial.

However, in a civil case, no, you can’t. Anything you want to introduce as evidence has to be given to the other side. However, there is no problem with redacting immaterial information you don’t want put into evidence other than the risk that you may reduce the probity of the document.

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