Questione giuridica chiave
Whether the recusal request had to be heard orally under Art. 43 al. 2 CPC/FR once contested and expressly requested.
Decisione estratta
Yes. Because the judge concerned opposed recusal and the appellant expressly requested an oral hearing, the cantonal court had to hold debates before deciding.
Motivazione estratta
Art. 43 al. 2 CPC/FR requires two cumulative conditions for an oral hearing: the recusal must be contested and a party must expressly request a hearing. Both were met, so deciding without a hearing was arbitrary application of cantonal law and violated the minimum right to be heard.