Common use of Judicial Intervention Clause in Contracts

Judicial Intervention. If the parties cannot resolve a challenge without court 9 intervention, the designating party may file and serve a motion to retain confidentiality under 10 Local Civil Rule 7 (and in compliance with Local Civil Rule 5(g), if applicable). The burden of 11 persuasion in any such motion shall be on the designating party. Frivolous challenges, and those 12 made for an improper purpose (e.g., to harass or impose unnecessary expenses and burdens on 13 other parties) may expose the challenging party to sanctions. All parties shall continue to 14 maintain the material in question as confidential until the court rules on the challenge.

Judicial Intervention. If the parties cannot resolve a challenge without 4 court 9 intervention, the designating party may file and serve a motion to retain 5 confidentiality under 10 Local Civil Rule 7 (and in compliance with Local Civil Rule 5(g), if applicable). The burden of 11 persuasion in any such motion shall be on the 7 designating party. Frivolous challenges, and those 12 made for an improper purpose 8 (e.g., to harass or impose unnecessary expenses and burdens on 13 other parties) may 9 expose the challenging party to sanctions. All parties shall continue to 14 maintain the 10 material in question as confidential until the court rules on the challenge.