LIECHTENSTEIN Law and Practice Contributed by: Matthias Niedermüller, Alexander Milionis and Fabian Rischka, Niedermüller Attorneys-at-Law
the amount in dispute and are up to CHF8,500 for each application. Entering Regular Proceedings Injunctions generally must be justified by a sub - sequent or already pending main proceeding whereby the applicant pursues their claim. The injunction also orders a so-called justification period, within which the claimant is required to initiate the main proceeding that then justifies the existence and upholding of the injunction. Usually, the court orders a period of four weeks in which to initiate such main proceeding. For - eign proceedings can be accepted as main pro - ceedings if the foreign decision to be obtained may later be enforced in Liechtenstein. 2. Procedures and Trials 2.1 Disclosure of Defendants’ Assets Civil Law Aspects The Civil Procedure Code generally leaves the collection and submission of evidence to the parties. Liechtenstein law does not provide rules for the compulsory discovery of pre-trial evidence. However, in a proceeding, there is limited pos - sibility for a party to obtain evidence from the opposite side. A party may apply to the court to order production of a document to be used as evidence where that document is held by a public authority or in the custody of a notary and the party is unable to obtain the document by direct intervention itself. If this application is granted, the court will make the appropriate orders to obtain the document. The presentation of documents by the opposing party can only be ordered in exceptional cases (Sections 303 to 308 of the Civil Procedure Code).
If a party claims that a relevant document is in the hands of the opposing party, the court may order the opposing party to produce the document. The requesting party must state the content of the document and the facts that are to be proven by the document. Likewise, the circumstances that make the possession of the document by the opposing party probable must be stated. However, the other party is allowed to simply refuse to present specific documents. Presentation is only mandatory if: • the opposing party has referred to the docu - ment as evidence in the proceeding; • the opposing party is obliged under civil law to hand over or produce the document; or • the content of the document is common to both parties. The submission of other documents may be refused if: • the contents concern matters of family life; • the opposing party would violate a duty of honour by submitting the document; • the disclosure of the document would cause dishonour to the party (or third parties) or risk criminal prosecution; • by submitting the document, the party would violate an artistic or trade secret or would violate a state-recognised duty of confiden - tiality from which they have not been validly released; or • there are other equally important reasons that justify the refusal to produce the document. If one of the above-mentioned reasons only con - cerns individual parts of the content of a docu - ment, a certified extract of the document must be submitted.
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