Admissibility of New Facts in Appeal Procedure

The court confirmed the established case law that new facts or evidence (Noven) are generally inadmissible after the exchange of written pleadings in the appeal procedure, as established by the relevant procedural statute. However, the court reasoned that new factual assertions raised by a party during a court-ordered examination, provided they are closely related to the already submitted issues, may be considered, even if they arise after the deadline for submitting appeal responses, in the interest of a factually correct outcome and judicial economy.