LIECHTENSTEIN Law and Practice Contributed by: Moritz Blasy, Nicolai Binkert, Simon Ott and Kathrin Binder, Schurti Partners Attorneys at Law Ltd
be denied ex officio or upon application of the other party if the court concludes that the new evidence was not introduced at an earlier stage of the proceedings out of gross negligence and that the taking of the new evidence would significantly delay the completion of the proceedings. Liechtenstein law does not provide for rules of inad- missibility of evidence obtained by illegal means and, therefore, such evidence may be introduced in civil proceedings. However, it is in the judge’s discretion to take such circumstances into consideration when evaluating the evidential value of such evidence. 7.5 Expert Testimony Expert testimony is admissible in Liechtenstein civil law proceedings. Experts are court appointed. The deciding judge will nominate an expert after hear- ing the parties’ views on the possible candidate(s). Parties can challenge the appointment of an expert based on the same grounds on which they may apply for the dismissal of a particular judge (ie, grounds of exclusion and of refusal, such as a lack of neutrality). Furthermore, parties can challenge the impartiality of the expert. Strict rules apply as regards the neutrality of experts. The mere impression of lacking neutrality may lead to a successful challenge of the appointment of the expert. Usually, an expert produces a written expert report and the judge and the parties may then exam- ine the expert on the submitted written expert report in an oral hearing. While parties may also appoint private expert wit- nesses, party-appointed experts are considered and heard as witnesses rather than as experts. 7.6 Extent to Which Hearings Are Open to the Public As a general rule, court hearings in civil cases are open to the public. However, the court can exclude the public if public morality or public order so demand or if it is feared that the procedure would otherwise be disturbed. The court can also exclude the public from a hearing upon application of a party if facts about family life are to be discussed or established. Addi-
tionally, the court may exclude the public if business secrets would otherwise be jeopardised. Transcripts or written submissions in civil proceed- ings are, in general, not open to the public. However, third parties may be granted access if all parties to the respective lawsuit agree or, in the absence of such an approval, if the third party shows a prima facie legal interest. 7.7 Level of Intervention by a Judge The judge plays a key role in leading the proceedings. They control the proceedings and the timetable by opening, directing and closing the oral hearings. The judge may order the parties to provide written state- ments or legal documents, as well as take the lead in questioning the parties, witnesses and experts. It is for the judge to decide whether further evidence needs to be heard or whether the heard evidence is sufficient to establish the facts of the case and to ren- der a decision. While the law prescribes that a judgment shall, if pos- sible, be given orally immediately following the oral hearings, in practice, most judgments are given in writing after the oral hearings are terminated. 7.8 General Timeframes for Proceedings The Liechtenstein Civil Procedure Code stipulates several provisions that guarantee the expediency of civil proceedings. For example, parties are required to present facts and evidence at their earliest con- venience in order to avoid the risk that such facts and evidence are precluded. The deadlines for procedural steps to be taken are mostly 14 days or four weeks, with such deadlines usually being stayed during the court holidays (from 15 July to 25 August and from 24 December to 6 January). The duration of proceedings largely depends on the complexity of the case. As a guide, proceedings before the District Court usually take between six months and two years, and proceedings before the Court of Appeal and the Supreme Court usually take around six to 12 months for a decision to be handed down.
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