ABSTRACT
The plaintiff’s undertakings are partly implied and partly expressed. He impliedly undertakes not to use any materials obtained from the search for any purpose other than that for which they were obtained.60 His expressed undertakings in the order are that: (a) an independent attorney will serve on the defendant the Anton Piller order, a
supporting affidavit and exhibits attached thereto, and a notice as to the date of the inter partes hearing;
(b) the defendant will be supplied with a written report prepared by the independent attorney to be considered by the court on the date of the inter partes hearing;
(c) the proceedings will remain secret until the inter partes hearing; (d) if the seized materials are needed for proceedings other than those for which the
Anton Piller order was sought, leave of the court will first be obtained; and (e) he will pay any damages which the court orders him to pay.
