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(2) The
court shall, in order to establish the truth, ex officio
extend the taking of
evidence to all facts and means of proof which are relevant to the decision.
(3) An application to take evidence shall be rejected if the taking of such evidence is
inadmissible. In all other cases, an application to take evidence may be rejected
only if the taking of such evidence is superfluous because the matter is common
knowledge, if the fact to be proved is irrelevant to the decision or has already been
proved, if the evidence is wholly inappropriate or unobtainable, the application is
made to protract the proceedings or if an important allegation which
is intended to
offer proof in exoneration of the defendant may be treated as if the alleged fact were
true.
(4) Except as
otherwise provided, an application to take evidence by examining an
expert may also be rejected if the court itself possesses the necessary specialist
knowledge. The hearing of another expert may even be refused if the opposite of
the alleged fact has already been proved by the first expert opinion; this rule shall
not apply to cases where the professional competence of the first expert is in doubt,
if his opinion is based on incorrect factual suppositions, if the opinion contains
contradictions or if the new expert has means of research at his disposal which
seem to be superior to the ones of an earlier expert.
(5) An application to take evidence by inspection may be rejected if the court,
according to
its duty-bound discretion, deems the inspection not to be necessary to
establish the truth. Applications to take evidence by examining a
witness may be
rejected under the same condition if the witness has to be summoned from abroad.
An application for the taking of evidence by reading out a source document may be
rejected if, according to the court’s duty-bound
discretion, there is no reason to
doubt that it corresponds in terms of content to the transmitted document.
(6) A court order shall be required if an application to take evidence is rejected. After
concluding the ex officio taking of evidence, the presiding judge may determine an
appropriate period for the submission of applications to take evidence. A decision on
applications to take evidence submitted after the end of the period determined may
be given in the judgment; this shall not apply if it was
not possible to submit an
application to take evidence before the expiry of the period determined. If an
application to take evidence is submitted after the end of the period determined, the
facts which made it impossible to meet the deadline shall be substantiated in the
application.
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