Kernrechtsfrage
Admissibility of a new telephone note as evidence on appeal
Extrahierter Entscheid
The note was inadmissible because the appellant could and should have sought its production earlier; the appeal decision did not first create the need for it.
Extrahierte Begründung
Art. 99(1) BGG allows new evidence only if the lower-court decision gives reason to submit it; that was not the case here.