There is no formal process of disclosure/discovery under Austrian procedural law, and the duty to produce documents is very restricted. According to the Austrian Civil Procedure Code (Zivilprozessordnung), the court may order a party to disclose documents which are in their possession and have been referred to by that party. A party seeking disclosure from the other party must provide the court with evidence that the document exists, e.g., a copy of the document if available (for instance, where the party already has the copy, but wishes to examine the original) or as precise as possible a description of the document and its contents. The facts that are to be evidenced by the document in question must be in dispute and relevant to the outcome of the case, and the party carrying the burden of proof is obliged to adequately substantiate the facts of its case independently of the document.

This limited duty to disclose documents emanates from the principle that under Austrian procedural law, it is up to the parties' to produce the evidence for their own case. "Fishing expeditions" are to be prevented. As a result, the duty of disclosure does not play a significant role in Austrian civil litigation. Third parties cannot be obliged to disclose documents if it is unreasonable for them or if they have a right to refuse testimony.