(a) in the case of a medical offense, there may be a breach of the constitutional prohibition of "over-acceleration" in particular if the defense allegedly rejected as late would have prompted an expert's opinion, which was generally written, but in the period between the end of the opposition anyway, could not have been obtained anyway.
b) Defensive means are generally not filed "after expiry of a period set for this purpose" (§ 296 para. 1 ZPO), if the court after the expiry of the (according to § 276 para. 1 sentence 2 ZPO set (and extended) Anwerwide- give the defendant an opportunity to reply to the complaint without setting a time-limit.
BGH, judgment of the 3. July 2012 - VI ZR 120 / 11 - OLG Karlsruhe
ZPO § 296 Abs. 1, § 340 Abs. 3 Satz 3 Continue reading