The judge is the strict master of the proceedings

The following order from a judge of the District Court of Catania dated 26/01/2023 has been received by the editorial team:

"It is ordered. that the hearing of 17/02/2023, 10.00 a.m., be replaced by the telematic submission of pleadings, which may only contain the allegations and conclusions in a maximum of two pages in Times New Roman format, size 12, spacing 1.5."

Judicial impatience also affected a lawyer before the Koblenz Regional Court who - as is customary and legally permissible in Germany (Section 137 (3) sentence 1 ZPO) - wanted to refer to her 150-page pleading in a Dieselgate case. The judge refused to allow her to do so and asked her to speak freely. The court considered the free speech to be inconclusive and dismissed the action.

Fortunately, the Koblenz Higher Regional Court then intervened (judgement of 18 October 2022, 3 U 758/22) and certified that the colleagues at first instance had committed a serious procedural error. The regional court should have informed the parties in good time before the hearing that it expected them to speak freely. The lawyer should have been allowed to prepare herself.

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