As a general rule, Luxembourg has the concept of "contradictory" (principe du contradictoire) under which parties shall disclose to opposing parties the documents and evidence upon which they wish to base their claim/defense during the proceedings. Parties are also not obliged to produce all of the documents in their possession, but may select those that are useful for the resolution of the case.

There is generally no disclosure/discovery in Luxembourg. Parties must provide the court with all documents supporting their claims, and all documents referred to in their submissions should be provided to the opposing parties.

A party may, before initiating an action, ask in summary proceedings to be provided with documents in the possession of another party, provided that there is no other way to obtain the documents and that said party can evidence that the documents are required to file an action on the merits against the same defendant(s).

When an action has been initiated, parties may also, during said proceedings, request the court to order the production of documents in the possession of the opposing party or of a third party. The judge has a discretionary power to grant or deny the request. The request will be denied if the judge considers that the documents are not relevant to the case or that the request is overly broad. The request will also be denied if the party in possession of the document successfully claims that the document is privileged or, more generally, confidential. The scope for production of documents is thus relatively limited.