Civil Procedure in Liechtenstein: Key Aspects

Injunctions in Liechtenstein

In Liechtenstein, injunctions serve as an interim measure to preserve a legal situation or prevent a party from taking certain actions. The court may order the seizure and pledge of assets located within Liechtenstein.

• Interim Measures: Injunctions are typically used as an interim measure.
• Seizure and Pledge of Assets: The court may order the seizure and pledge of assets located in Liechtenstein.

Disclosure of Defendants’ Assets

While there is no compulsory discovery of pre-trial evidence under civil law, parties can apply to the court for the production of documents held by public authorities or notaries. Presentation of documents by the opposing party is only mandatory in exceptional cases.

• Compulsory Discovery: There is no compulsory discovery of pre-trial evidence.
• Requesting Documents: Parties can request the production of documents from public authorities or notaries.
• Exceptions: Presentation of documents is only mandatory in exceptional cases.

Protected Documents

Certain documents are protected by secrecy rights and cannot be used as evidence unless the person entitled to invoke these rights does not make use of them. Examples include client-attorney privilege, trustee secrecy, tax secrecy, and banking secrecy.

• Secrecy Rights: Certain documents are protected by secrecy rights.
• Exceptions: Documents can only be used as evidence if the relevant secrecy right is waived.

Costs

Interim measures are made at the cost of the applicant. Court fees vary depending on the amount in dispute and can be up to CHF8,500 for each application.

• Cost Responsibility: The applicant is responsible for the costs.
• Court Fees: Court fees vary based on the amount in dispute.

Entering Regular Proceedings

Injunctions generally must be justified by a subsequent or already pending main proceeding. The court orders a so-called justification period within which the claimant must initiate the main proceeding that justifies the existence and upholding of the injunction.

• Justification: Injunctions are typically justified by a subsequent or existing main proceeding.
• Timeframe: A justification period is set for initiating the main proceeding.