Questão jurídica principal
Whether the request to reopen the cantonal proceedings met the diligence requirement under § 215 Ziff. 3 ZPO/ZG
Decisão extraída
No. The appellant could have requested judicial production of the note already at the first-instance hearing after learning of its existence.
Fundamentação extraída
The court held that the appellant knew from the witness testimony that a note had been made, yet did not seek its production in time. Her later explanations were inconsistent and did not show that she had been prevented, despite due diligence, from making the request earlier.