Anton Piller Order Overview

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Questions and Answers

What is the primary purpose of an Anton Piller Order?

  • To impose a financial penalty on the respondent.
  • To initiate criminal proceedings against a respondent.
  • To summon witnesses for a preliminary hearing.
  • To preserve vital evidence for a subsequent trial. (correct)

Which of the following is a procedural requirement for obtaining an Anton Piller Order?

  • The evidence must be publicly available.
  • There must be a valid cause of action. (correct)
  • The application must be made in front of a jury.
  • The applicant must show that the respondent is uncooperative.

What must the applicant demonstrate regarding the respondent's possession of documents for an Anton Piller Order?

  • The respondent possesses specific objects/documents vital to the case. (correct)
  • The documents are irrelevant to the case.
  • The documents were destroyed prior to the application.
  • The respondent has no knowledge of the documents.

In which scenario would an Anton Piller Order be considered?

<p>When there is a clear and well-founded apprehension that evidence may be destroyed. (B)</p> Signup and view all the answers

What type of application can lead to an Anton Piller Order?

<p>An ex-parte application. (B)</p> Signup and view all the answers

Flashcards

Anton Piller Order

A court order granted to prevent the destruction of evidence that is crucial for a future legal case.

Ex-Parte Application

An Anton Piller Order can be requested without the other party being present in court.

Valid Cause of Action

A strong legal basis must exist to support the request for an Anton Piller Order.

Vital Evidence

The specific items, such as documents or objects, must be clearly identified and critical for the legal case.

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Real and Well-Founded Apprehension

There needs to be genuine concern that the evidence might be destroyed or hidden before the case can proceed.

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Study Notes

Anton Piller Order

  • Preservation of evidence crucial for a future trial.
  • Can be requested through an ex-parte application.

Procedural Requirements (Universal City Studios Case)

  • Valid Cause of Action: Must exist for an appropriate legal reason.
  • Specific Objects/Documents: The respondent possesses evidence that is essential.
  • Apprehension of Destruction: A genuine and well-founded fear exists that the evidence will be destroyed.

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