LIECHTENSTEIN Law and Practice Contributed by: Christoph Bruckschweiger, Benedikt König, Philipp Benda and Magdalena Marxer-Friedrich, paragraph 7
to a third party, may a claimant bring proceedings on the basis of rights originally held by another person. 7.3 Relief There is no applicable information in this jurisdiction. 7.4 Class Actions, Mass Claims and Arbitration There is no applicable information in this jurisdiction. 7.5 Trends There is no applicable information in this jurisdiction. Liechtenstein procedural law does not provide for broad discovery comparable to that available in common law jurisdictions. Instead, the production of documents is governed by specific provisions of the Code of Civil Procedure. Between the Parties of the Proceeding A party may request the court to order the opposing party or a third party to produce a specific document if: • the opponent has expressly referred to the docu- ment in requestion as evidence; • the opponent is under a legal obligation to hand over the document; or • the document was drawn up in the legal interest of both parties or certifies a mutual legal relationship between the two or contains written statements between the parties during their negotiation of a legal act. The opposing party may refuse to produce documents if: • the disclosure concerns documents relating to family life; • the production of the documents would violate obligations of honour; • the disclosure could lead to disgrace or expose the party to the risk of criminal prosecution; 8. Evidence 8.1 Disclosure
• the disclosure would violate a statutory duty of confidentiality from which the party has not been released, or the production would infringe a busi- ness secret; or • other comparable reasons apply. However, the production of documents cannot be enforced if a party refuses to comply. Third Parties The court may also order a third party to produce documents where the third party is under a legal obli- gation to hand them over, or where the document was drawn up in the interest of both the third party and the requesting party, certifies a legal relation- ship between them, or contains written statements exchanged between them during the negotiation of a legal transaction. 8.2 Privilege Types of Privilege In Liechtenstein, privilege is primarily based on statu- tory duties of secrecy. Attorney–Client privilege is a strict professional obligation, covering all information entrusted to a lawyer. Similar statutory protections apply to trustees, auditors, and doctors. Banking secrecy remains a recognised form of privilege. Withholding Documents As outlined above in 8.1 Disclosure , the respective professions may refuse to produce documents or testify if doing so would breach a statutory duty of secrecy. The court cannot compel the production of privileged materials. Waiver of Privilege Privilege can be waived in the following circumstanc- es: • Client Consent: Privilege can be waived if the client explicitly releases the professional from their duty of secrecy. • Self-Defence: The lawyer may disclose information to defend against claims brought by the client.
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