Facts
The case concerns the question of when parties in civil proceedings may submit new evidence. The appellant A. GmbH complained that the Cantonal Court of Lucerne had considered documents submitted by the respondent B. AG after the first exchange of written submissions and an instructional hearing, as part of a second exchange of written submissions.
The District Court of Willisau had summoned the parties to an instructional hearing, which also provided for the submission of new evidence ("Noven"). At the hearing, the instructing judge placed the new documents submitted by the respondent on the record, but did not give the parties an opportunity to comment on them and present any new facts.
Considerations
The Federal Supreme Court set aside the judgment of the Cantonal Court of Lucerne and remanded the case for a new assessment by the lower court. It reasoned as follows:
According to case law, parties in civil proceedings have the right to submit new facts and evidence only twice: first, as part of the first exchange of written submissions, and second, either as part of a second exchange of written submissions or at an instructional hearing. Separating the submission of new evidence and the presentation of new facts is not permissible, as the evidence must be clearly attributed to the factual allegations it is intended to prove.
In the present case, the instructing…