Waiver of Right to Re-examine Witnesses Due to Untimely Objection Regarding Appellate Panel Composition

The appellant sought a retrial of witness testimony in the appellate court, arguing that none of the original trial judges who heard the testimony were present on the appellate panel, which implicated the principle of immediacy in the limited scope recognized by the cantonal civil procedure code. The court reasoned that because the structure of the court composition could change before the main hearing, and since the parties did present their case directly to the judging panel in the appeal, the immediacy principle was satisfied; therefore, the appellant's failure to raise a timely objection regarding the composition of the original panel, analogous to a delayed recusal request under procedural rules, resulted in the waiver of the right to demand a re-examination of witnesses on appeal.