Facts
This judgment addresses the question of up to what point in time in summary proceedings before the court of first instance, improper novae (new facts and evidence) can be presented. The Federal Supreme Court had left this question open in BGE 144 III 117 and now takes a position on it.
The facts can be summarized as follows: E. AG initiated debt collection proceedings against A.-B.C.D. with a payment order for a claim of CHF 10,000. A.-B.C.D. filed an objection. The District Court declared the three underlying German decisions enforceable in Switzerland and granted E. AG definitive enforcement. A.-B.C.D. appealed against this decision, which was dismissed by the High Court. Thereupon, A.-B.C.D. filed a civil law appeal with the Federal Supreme Court.
Considerations
The Federal Supreme Court states that in summary proceedings, a single exchange of pleadings is generally provided for. However, a second exchange of pleadings may exceptionally be ordered if this appears necessary under the circumstances. In such a case, novae are admissible without restriction until the court has commenced its deliberations.
The Federal Supreme Court confirms this solution, which it had already outlined in BGE 144 III 117. It sees no significant disadvantages for the summary proceedings, as a second exchange of pleadings should only be ordered…