LIECHTENSTEIN Law and Practice Contributed by: Moritz Blasy, Nicolai Binkert, Simon Ott and Kathrin Binder, Schurti Partners Attorneys at Law Ltd
7.2 Case Management Hearings The first hearing (primarily dealing with formal objections – eg, for lack of jurisdiction or res judicata, and applications for security of costs and fees) and the hearing dealing with the par- ties’ submissions concerning the evidence to be taken, are often shorter hearings and of a pro- cedural nature. The judge often uses the latter to discuss case management matters with the parties. All subsequent hearings normally focus on the taking of evidence – ie, the examination of witnesses and experts. 7.3 Jury Trials in Civil Cases Liechtenstein civil procedure law is not familiar with jury trials. 7.4 Rules That Govern Admission of Evidence The burden of proof lies with each party to pro- vide evidence supporting and establishing the necessary facts for its case. However, the court may also take evidence ex officio. Conversely, if the court considers certain facts to be sufficient- ly established, it may refrain from taking further evidence even if a party requests that further evi- dence be taken. The same holds true if the court considers presented evidence to be irrelevant. No evidence is required for facts presupposed by law to be true. However, evidence to the con- trary is admissible unless precluded by law. Parties may offer evidence in the form of wit- nesses, documents, judicial inspections of plac- es or items, expert testimonies or statements and the testimony of the parties. Producing Evidence Due to the principle of immediacy, evidence generally has to be taken by the deciding judge. However, if evidence on disputed facts has
already been produced in another judicial pro- ceeding, the minutes or a written expert opin- ion therefrom can be used as evidence and the court can refrain from re-taking this evidence if the parties were involved in the other judicial proceeding, and no party expressly requests the evidence to be re-taken or the respective evi- dence is no longer available, or the party which was not involved in the other legal proceeding expressly agrees to the introduction of such evidence. Furthermore, the Liechtenstein Civil Procedure Code allows evidence to be taken abroad by means of legal assistance. New evidence to support a position may be introduced by a party until the closure of the last oral hearing. However, the introduction of new evidence may be denied ex officio or upon appli- cation 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 evi- dence would significantly delay the completion of the proceedings. Liechtenstein law does not provide for rules of inadmissibility 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 circum- stances 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 appoint- ed. The deciding judge will nominate an expert after hearing the parties’ views on the possible candidate(s). Parties can challenge the appoint- ment 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
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