LIECHTENSTEIN Law and Practice Contributed by: Christoph Bruckschweiger, Benedikt König, Philipp Benda and Magdalena Marxer-Friedrich, paragraph 7
8.3 Confidentiality As explained in 8.1 Disclosure and 8.2 Privilege . Liechtenstein law recognises the right to withhold evidence based on statutory duties of confidentiality. In addition to the primary aspects outlined in 8.2 Privilege , it should be noted that specific legislation, such as anti-money laundering (AML) regulations, may impose statutory reporting or disclosure obligations that supersede general duties of confidentiality. 8.4 Witness Evidence Oral Testimony Witnesses are generally required to testify orally dur- ing the trial to ensure the immediacy of evidence. While written witness statements (affidavits) are not a substitute for oral testimony in main proceedings, they are commonly used when applying for interim relief to substantiate the urgency and merit of the claim. No Pre-trial Depositions Liechtenstein law does not recognise pre-trial depo- sitions (out-of-court testimony recorded by lawyers); instead, evidence is collected directly by the court. Prior to the commencement of formal proceedings, the securing of evidence ( Beweissicherung ) may be conducted by the court through a formal procedure, provided there is a significant risk that the evidence might be lost before the trial. Examination Process The judge leads the examination and conducts the primary questioning. Once the judge has finished, the legal representatives are permitted to ask supplemen- tal questions. The questioning is generally less intense than a common law cross-examination and the judge maintains control over the relevance and fairness of the questions asked. 8.5 Expert Evidence Expert evidence is a permitted means of proof under the Liechtenstein Code of Civil Procedure, utilised when the court requires specialised technical knowl- edge to evaluate specific facts or assistance in inter- preting and applying foreign law.
Appointment of Experts In Liechtenstein, experts are appointed by the court, not by the parties. While parties may suggest specific candidates, the final selection rests solely with the judge, who typically appoints from an official list of certified experts. Duties of the Expert An expert acts as an “assistant to the court”. Their primary duties include: • Impartiality: The expert must remain neutral and could be challenged for bias on the same grounds as a judge. • Overriding Duty to the Court: The obligation to pro- vide an objective, evidence-based opinion super- sedes the interests of the parties. • Oral Clarification: Experts usually attend the proceedings to explain their written findings and answer supplemental questions from the judge and the parties. Party-Appointed Experts Reports from “private” experts engaged by the parties are not considered independent evidence; however, the court may consider these reports. The enforcement of foreign judgments in Liechtenstein is primarily governed by national law, in particular the Enforcement Act, according to which, enforcement measures based on foreign judgments or documents are only permissible where this is provided for in inter- national treaties or where reciprocity is guaranteed either by treaty or by a formal governmental declara- tion. Liechtenstein is not a party to the Brussels or Lugano Conventions on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. Bilateral treaties providing for the mutual recognition and enforcement of judgments exist only with Austria and Switzerland. Even these treaties do 9. Enforcement 9.1 Enforcement of Judgments Recognition and Enforcement of Foreign Judgments
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