LIECHTENSTEIN Law and Practice Contributed by: Moritz Blasy, Nicolai Binkert, Simon Ott and Kathrin Binder, Schurti Partners Attorneys at Law Ltd
4.5 Applications for Security for Defendant’s Costs The defendant (or respondent to an appeal) may require the claimant (or appellant) to place security for the defendant’s (or respondent’s) anticipated costs for legal representation and the court fees to be borne by the defendant (or respondent). In cases of natu- ral persons as claimants (or appellants), security for costs can be imposed if the claimant (or appellant) is not resident in Liechtenstein, unless there is a treaty between Liechtenstein and the other jurisdiction that prohibits the ordering of security for costs, or unless a cost award would be enforceable in the jurisdiction where the claimant resides. In the case of a legal entity, security for costs can be imposed if the claimant can- not prove to have sufficient funds in such jurisdiction. The amount of the security is to be determined based on the defendant’s (or respondent’s) prospective costs for legal representation and the court fees to be borne by the defendant (or respondent), whereby the costs for legal representation are determined in accordance with the tariffs set by the government (and not, for example, based on the actual fee agreement between the defendant and its legal representatives). The deposit serves as security for the cost claim of the defendant (or respondent) against the claimant (or appellant) in case the defendant (or respondent) suc- ceeds. The deposit is to be made in cash or securities or, with the consent of the court, in the form of a bank guarantee. The application for security for costs must be made at the first hearing before the case is heard on the merits or, in cases of appeal proceedings, before or together with the response to the appeal. If, during the proceedings, the amount turns out to be insufficient, the defendant (or respondent) can apply for additional security to be posted by the claimant (or appellant). If the security is not lodged in time, the court declares the claim (or appeal) withdrawn upon request of the defendant (or respondent). 4.6 Costs of Interim Applications/Motions In orders dealing with interim applications or motions, the court may only decide on the costs of these appli-
cations or motions if the obligation to pay such costs (usually according to the principle that the loser pays) does not depend on the outcome of the lawsuit. For example, in decisions relating to oppositions to third- party interventions and decisions concerning applica- tions for legal aid, if the counterparty of the applicant opposes the grant of legal aid. 4.7 Application/Motion Timeframe There are no fixed timeframes for the courts to deal with applications or motions. However, courts usually take into account the urgency of a particular applica- tion or motion. If the court is in default with a proce- dural step (eg, taking a decision or scheduling a date for a hearing), the parties may apply to the relevant juridical supervisory authority to set a deadline for the court to take the relevant step. Pre-trial discovery, in the strict sense, does not exist under Liechtenstein law. However, the Liechtenstein Civil Procedure Code allows for the taking of evidence in the form of judicial inspections and the interrogation of witnesses and experts prior to the lodging of a law- suit if it is to be feared that the evidence will otherwise not be available at a later stage. 5.2 Discovery and Third Parties A third party may be ordered to produce a specific document if the third party is under an obligation to produce it as a matter of substantive law, or if the doc- ument is considered a joint document of the request- ing party and the third party. 5.3 Discovery in This Jurisdiction A party may request the court to order the counter- party to produce a specific document. In support of this request, the requesting party must explain the rel- evance of the document for the case and must either submit a copy of the requested document or provide a precise description of its content, the facts that are to be proven by it and the circumstances that sug- gest that the document is in the possession of the counterparty. 5. Discovery 5.1 Discovery and Civil Cases
621 CHAMBERS.COM
Powered by FlippingBook