Questão jurídica principal
Whether the judge had to warn an unrepresented party that its filing lacked necessary evidence requests
Decisão extraída
Yes. Even in summary proceedings, the judge must point out incomplete evidence submissions and give the party an opportunity to cure the defect.
Fundamentação extraída
Section 58(4) ZPO imposes a real duty of clarification, not merely a discretionary power. Once it became clear that the debtor opposed the claim, the judge should have indicated the absence of evidence motions. Such a warning would not make the judge appear biased.