Claim and Request Amendments Under $\S 98$ Code of Civil Procedure

The court addressed the permissibility of changing claims and legal requests under $\S 98$ of the Code of Civil Procedure, distinguishing between a true claim amendment, based on a new factual basis, which is never allowed, and an alteration or supplement to the original legal requests, which is permissible in the first instance up to the main hearing if jurisdiction and procedure type remain the same. The court reasoned that $\S 98$ Abs. 2 explicitly prohibits any modification of legal requests in the second instance, contrasting with $\S 98$ Abs. 1, while $\S 98$ Abs. 3 permits the limitation of legal requests at any time and in both instances.