Kernrechtsfrage
Whether the cantonal appeal court could dispense with an oral appeal hearing under Articles 405 and 406 CPC
Extrahierter Entscheid
No. The notices were contradictory and did not establish a valid waiver of an oral hearing.
Extrahierte Begründung
The court found the procedural orders unclear: one notice suggested silence meant no waiver, another treated silence as consent to a written procedure. The defendant, as a layperson, could reasonably misunderstand this. The appeal court also failed to address his timely objection.