Late Only With an Excuse

German civil procedure treats court deadlines strictly. Under Section 296 of the Code of Civil Procedure, arguments and evidence brought after a deadline set by the court are admitted in only two cases. Either they do not delay the case, or the party gives a sufficient excuse for the lateness. If the court asks, the party must substantiate the excuse. A party that misses a deadline the law marks as a Notfrist can be restored to its earlier position only if it was not at fault. This is the Wiedereinsetzung in den vorigen Stand under Section 233.

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