Swiss Civil Procedure Code
(Civil Procedure Code, CPC)

¹ If neither a second ex­change of writ­ten sub­mis­sions nor an in­struc­tion hear­ing has taken place, new facts and evid­ence may be presen­ted in the main hear­ing in the open­ing party sub­mis­sion in ac­cord­ance with Art­icle 228 para­graph 1 without re­stric­tion.¹⁴⁶

² In oth­er cases, new facts and evid­ence may be sub­mit­ted by a dead­line set by the court or, in the ab­sence of such a dead­line, at the latest by the open­ing party sub­mis­sion in the main hear­ing in ac­cord­ance with Art­icle 228 para­graph 1:

a.

if they oc­curred after the ex­change of writ­ten sub­mis­sions or after the last in­struc­tion hear­ing (prop­er nova); or

b.

if they ex­is­ted be­fore the close of the ex­change of writ­ten sub­mis­sions or be­fore the last in­struc­tion hear­ing but could not have been sub­mit­ted des­pite reas­on­able di­li­gence (im­prop­er nova).¹⁴⁷

^2bis After the open­ing party sub­mis­sions, new facts and evid­ence in ac­cord­ance with para­graph 2 let­ters a and b shall only be taken in­to ac­count if they are sub­mit­ted with­in the dead­line set by the court or, in the ab­sence of such a dead­line, at the latest at the next hear­ing.¹⁴⁸

³ Where the court must es­tab­lish the facts ex of­fi­cio, new facts and new evid­ence may be ad­mit­ted un­til the court be­gins its de­lib­er­a­tions.