Whether a request for lifting of a seasure should be brought before the former or the present court.

Justices: Indreberg, Falkanger, Kallerud, Ringnes, Høgetveit Berg

The defendant in a pending appeal in the Court of Appeal had, towards the District Court, requested lifting of the prosecution authority's seizure of two e-mails, see section 208 of the Criminal Procedure Act. The Court of Appeal, which found that the request was in fact a request for preclusion of evidence and should thus have been brought to the adjudicating court, rejected the appeals against the District Court's ruling. The Supreme Court, having conducted an oral hearing, set aside the Court of Appeal's order. It was mentioned that applications for lifting of a seizure are regulated by different sets of rules, and that the effects are not the same. It was added that if the preparations at the adjudicating court have started, the parties may choose to demand the seizure lifted there or in the ordinary manner in the District Court.