LIECHTENSTEIN Law and Practice Contributed by: Moritz Blasy, Nicolai Binkert, Simon Ott and Kathrin Binder, Schurti Partners Attorneys at Law Ltd
In support of this request, the requesting party must explain the relevance of the document for the case and must either submit a copy of the requested document or precisely describe its content, the facts that are to be proven by it and the circumstances that suggest that the docu- ment is in the possession of the counterparty. The counterparty can deny the production of the requested document if its content relates to fam- ily affairs or if its production would expose the counterparty 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 vio- lation of legal privilege or a duty of confidential- ity. However, the counterparty cannot deny the production if the counterparty itself previously referred to the requested document in its plead- ings, 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 (a con- tract, for example). 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 inspections 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’ responsibility 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 Liech- tenstein Bar Association, lawyers, not in-house counsel, are under a strict obligation to keep confidential any information they are entrusted with by their clients and any information that otherwise becomes known to them in their pro- fessional capacity, the confidentiality of which might be in their clients’ interest. This profes- sional secrecy extends to testimonies in court proceedings and the production of documents, which means that lawyers are prohibited from testifying and/or producing privileged docu- ments unless they are relieved from their secrecy obligations by their clients. 5.6 Rules Disallowing Disclosure of a Document The general rule under Liechtenstein civil pro- cedure law is that a party cannot be ordered to disclose certain documents. A disclosure order can be rendered 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 irrepa- rable damage 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 otherwise secure future enforcement pending conclusion of the main proceedings, for example by means
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