LIECHTENSTEIN Law and Practice Contributed by: Moritz Blasy, Nicolai Binkert, Simon Ott and Kathrin Binder, Schurti Partners Attorneys at Law Ltd
5.6 Rules Disallowing Disclosure of a Document
The counterparty can deny the production of the requested document if its content relates to family affairs or if its production would expose the counter- party to reputational damage, would be shameful for the counterparty or third parties, would expose the counterparty or third parties to public prosecution or would constitute a violation of legal privilege or a duty of confidentiality. However, the counterparty cannot deny the production if the counterparty itself previous- ly referred to the requested document in its pleadings, if the counterparty is under an obligation to produce it as a matter of substantive law or if the document is considered a joint document of both parties; eg, if the document was drawn up in the interest of both parties or if it records a legal relationship between the parties (such as a contract). 5.4 Alternatives to Discovery Mechanisms The taking of evidence is administered by the court, while the parties can participate in the process. For example, parties are entitled to attend judicial inspec- tions and interrogations of witnesses and experts and they are also entitled to ask questions and cross- examine witnesses and experts under the supervision of the court. While it is primarily the parties’ respon- sibility to identify and offer the relevant evidence, the court is free to take any additional evidence it deems necessary to establish the pleaded facts (except for the production of documentary evidence and the interrogation of witnesses to which all parties are opposed). 5.5 Legal Privilege As a matter of statutory law and the Code of Ethics and Professional Conduct of the Liechtenstein Bar Association, lawyers, not in-house counsel, are under a strict obligation to keep confidential any informa- tion they are entrusted with by their clients and any information that otherwise becomes known to them in their professional capacity, the confidentiality of which might be in their clients’ interest. This professional secrecy extends to testimonies in court proceedings and the production of documents, which means that lawyers are prohibited from testifying and/or produc- ing privileged documents unless they are relieved from their secrecy obligations by their clients.
The general rule under Liechtenstein civil procedure law is that a party cannot be ordered to disclose certain documents. A disclosure order can be ren- dered only under the very restricted circumstances described in 5.3 Discovery in This Jurisdiction . 6. Injunctive Relief 6.1 Circumstances of Injunctive Relief Injunctive relief is available to prevent irreparable dam- age or a change in circumstances that might frustrate or significantly complicate enforcement of a claim or right at a later stage. In such cases, injunctive relief can be granted in the form of conservatory measures in order to preserve the matter in dispute or other- wise secure future enforcement pending conclusion of the main proceedings, for example by means of freezing orders, attachments or restraining orders. Besides, even in cases where future enforcement is not of concern, injunctive relief can be granted in the form of regulatory measures in order to regulate the parties’ relationship pending conclusion of the main proceedings, if it is feared that irreparable damage would otherwise occur. Applications for injunctive relief can be made prior to the initiation of a lawsuit, together with a statement of claim initiating a lawsuit, or during a pending law- suit whenever the need arises. In the application, the applicant needs to show a prima facie case (eg, a claim the enforcement of which needs to be secured, supported by prima facie evidence), show reasons justifying injunctive relief (ie, a risk of irreparable damage or irreversible change in circumstances) and specify the injunctive measure sought. 6.2 Arrangements for Obtaining Urgent Injunctive Relief In urgent cases, injunctive relief is usually granted by the court within 24–72 hours upon receipt of the appli- cation if the court concludes that the requirements are fulfilled. Where circumstances are even more urgent, super- provisional measures can be ordered by authorities
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