Insurer's Post-Hearing Observation Report Inadmissible as Untimely Evidence

In a liability case stemming from a traffic accident, the appellate court considered the admissibility of an observation report submitted by the defendant insurer after the appellate hearing. The court reasoned that under procedural law, new facts and evidence must generally be presented with the grounds of appeal or answer, and exceptions for later submission require the evidence to be immediately provable by a document or unavoidable despite due diligence. The court determined the observation report was not a document under the relevant statute ($\S 149$ ZPO) but rather an impermissible certification by a witness, thus barring its admission under the rules for later evidence ($\S 207$ ZPO). Furthermore, the court found the insurer failed to establish that the delay in commissioning the observation was unavoidable despite due diligence, as doubts regarding the plaintiff's condition should have arisen earlier when the claim amount was significantly increased.