Kernrechtsfrage
Whether the appellate court arbitrarily excluded new salary slips and health-insurance documents under Art. 317 CPC.
Extrahierter Entscheid
The exclusion was arbitrary for documents dated after the first-instance closure, but not for salary slips from July and August 2012, which could have been filed earlier.
Extrahierte Begründung
Once the first instance closed the instruction on 25 September 2012, later documents could not have been produced below; however, earlier July/August slips were already available.