SECTION XIV - Preliminaries To The Oral Hearing

Author:E. J. Cohn and G. Meyer
Profession:Sir
Pages:53
 
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  1. Before the case is set down for hearing the statement of claim must be lodged and further written pleadings by the Parties (Schriftsiitze) are usually filed. The first written pleading by the defendant in which he replies to the factual allegations and the legal arguments contained in the action, is usually called Klagebeantwortung (answer to action or defence, see section XIII above). For details on the time within which these written pleadings must be served by each party upon its opponent, see sections 132 and 272a, ZPO.

    A copy of the pleadings as well as of the statement of claim remains in the files of the Court for perusal. The Klagebeantwortung contains-in a similar way as the Klage-details of the evidence on which the defendant wishes to rely.

  2. Before the oral hearing, the judge may issue directions for the purpose of restricting as far as possible unnecessary arguments. Wherever possible, there should be only one oral hearing in every case (section 272b, ZPO).

    The judge may order the parties to appear in person, and witnesses and experts to be present or to submit affidavits on points on which evidence is required, provided that this seems sufficient to elicit the truth.

  3. The Court may prohibit either party from relying on any matter which may seem to prejudice the fair hearing of the action. This principle applies both to facts and legal submissions, and...

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