MONACO Law and Practice Contributed by: Donald Manasse, Donald Manasse Law Offices
Escrowing of Assets It is possible to request the escrowing of assets under Article 1800 of the Civil Code if there is a dispute over ownership, on an ex parte basis. This method has recently been favoured by the courts even where there is no “principle of the certainty of a claim” . Court Fees While no court fees or bonds are payable, Monaco avocat-défenseurs (ie, members of the Monaco Bar, which consists currently of 35 law - yers, not all of whom are avocat-défenseurs ) are entitled to 0.4% of the amount in controversy as statutory fees if a claim or procedure is suc - cessful, on top of their honoraria, even if their participation is limited to the mere representa - tion of foreign counsel. They are entitled to 0.2% of the amount of a settlement that may ensue, even when they have not been involved, and to 0.3% if they have been involved in negotiations. There are additional calculations for appellate procedures. 2. Procedures and Trials 2.1 Disclosure of Defendants’ Assets Attempts to enforce deposition and discovery orders from foreign courts on Monaco residents in civil cases have not been successful. It is pos - sible to obtain a deposition through the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters (the “Hague Evi - dence Convention” ), to which Monaco is a sig - natory; however, no coercive measures may be taken in the requesting country of the person refusing to submit to the deposition. In local civil cases, there are no provisions for pre-trial deposition and limited provisions for pre-trial discovery.
It is possible to request and obtain, through an ex parte proceeding, a civil order compelling a third party, or even a potential party, to turn over information. The request must be specific as to the information requested. There are no sanc - tions similar to contempt orders for refusing to comply, and the party making the request may then sue in an accelerated proceeding known as a référé to seek an order to comply, with an astreinte , or civil fine for refusing to do so. 2.2 Preserving Evidence The CPC has been revised by Law 1.511 of 2 December 2021, at Article 300-1, to provide the possibility for a court order to be requested in order to preserve evidence. The request can be made ex parte. The order will suspend the run - ning of the civil statute of limitations for a period of not less than six months from the time the order to produce evidence is executed. 2.3 Obtaining Disclosure of Documents and Evidence From Third Parties It is possible to request an order ex parte to obtain documentation from a third party, prior to a proceeding, and there are no restrictions placed on the use of such material. It is also possible, under the new provisions of the CPC, to request that evidence be produced from a party or a third party (Articles 274, 277, 277-1, 277-2 and 278) during a trial, and a fine ( astreinte ) can be imposed for failure to do so. The extent to which courts will order such dis - closure is being tested in the courts. In a recent case, the court refused to order a general disclo - sure of “all communications between (the) bank and the client” relating to an investment because it was not precise enough, although it would be impossible for the plaintiff/client to request with greater precision without reviewing the docu - ments.
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