Law of Evidence at Liechtenstein
In the Principality of Liechtenstein, the law of evidence in civil proceedings is primarily governed by the Zivilprozessordnung (ZPO), or Civil Procedure Code. This legal framework outlines the rules and procedures for the presentation, evaluation, and admissibility of evidence in civil litigation.
⚖️ General Principles
Adversarial System with Inquisitorial Elements: Liechtenstein's civil procedure combines adversarial and inquisitorial elements. Parties are responsible for presenting their evidence, but the court plays an active role in investigating the facts and ensuring a fair trial. (Litigation & Dispute Resolution Laws & Regulations | Liechtenstein)
Burden of Proof: The party making an allegation bears the burden of proving it. However, facts that are presumed by law or are not disputed by the opposing party do not require proof. (Litigation & Dispute Resolution Laws & Regulations | Liechtenstein)
📄 Types of Admissible Evidence
Under the ZPO, the following types of evidence are admissible in civil proceedings:
Documents: Written records, contracts, and other formal documents.
Witness Testimony: Oral statements made by witnesses during court hearings.
Expert Opinions: Testimonies provided by court-appointed experts.
Party Testimony: Statements made by the parties involved in the litigation.
Judicial Inspection: Examination of places or items relevant to the case. (Litigation 2023 - Liechtenstein | Global Practice Guides | Chambers and Partners)
🧾 Rules of Evidence
Immediacy Principle: Evidence must generally be presented directly to the court during the hearing. The court may not rely solely on written statements or documents unless they are presented in person. (Litigation & Dispute Resolution Laws & Regulations | Liechtenstein)
New Evidence: Parties may introduce new evidence up until the closure of the last oral hearing. However, the court may deny the introduction of new evidence if it believes the evidence could have been presented earlier or if its introduction would significantly delay the proceedings. (Litigation 2023 - Liechtenstein | Global Practice Guides | Chambers and Partners)
Evidence Obtained Illegally: While Liechtenstein law does not have specific provisions excluding evidence obtained unlawfully, the court has discretion to assess the credibility and weight of such evidence. (Comparisons | Global Practice Guides | Chambers and Partners)
🧑⚖️ Expert Testimony
Appointment of Experts: Experts are appointed by the court after consulting the parties. Parties can challenge the appointment if they believe the expert lacks neutrality. (Comparisons | Global Practice Guides | Chambers and Partners)
Role of Experts: Experts provide written reports and may be questioned during hearings. They assist the court in understanding complex technical or specialized issues. (Comparisons | Global Practice Guides | Chambers and Partners)
📜 Procedural Aspects
Document Production: A party may request the court to order the opposing party to produce a document that is in their possession and is relevant to the case. This is typically allowed only in exceptional circumstances. (Comparisons | Global Practice Guides | Chambers and Partners)
Witness Testimony: Witnesses are generally required to testify orally in court. Written statements or affidavits are not admissible unless the court permits otherwise. (Litigation & Dispute Resolution Laws & Regulations | Liechtenstein)
Party Testimony: Parties may be called to testify regarding disputed facts. However, their testimony is subject to certain restrictions and may be excluded if it is deemed unreliable or biased. (Litigation & Dispute Resolution Laws & Regulations | Liechtenstein)
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