Kernrechtsfrage
Whether the instruction judge may allow the defendant to limit the reply to a decisive substantive objection under §§ 138(3) and 139 ZPO.
Extrahierter Entscheid
Yes, if the objection is potentially decisive, is not obviously unfounded on a summary review, and a separate preliminary determination may avoid unnecessary and extensive evidence on the remaining issues.
Extrahierte Begründung
The provision serves procedural economy. The judge must first make a preliminary assessment of the objection's plausibility. If it appears clearly unfounded, limitation is inappropriate; if it may be well-founded and its separate determination could spare extensive evidence, limitation may be approved.