If you have ever sued someone or been sued, you will no doubt
have asked your attorney, “How do I know that they
won't destroy the evidence that is vital to me proving my
case?”. The answer is, you don't.
While the destruction of documents relevant to legal proceedings
carries with it penalties that should deter litigants from doing
so, there are exceptional instances where there may be a reasonable
belief that your opponent is going to hide or destroy evidence
before a trial. In such instances you can consider approaching the
court for an order to preserve the evidence. This is done by way of
application to the court, without notice to the other party,
commonly known as an “Anton Piller order”.
