Facts
In the early morning of March 28, 2005, the appellant A. was hit by a reversing passenger car and fell. A. suffered, among other things, a traumatic brain injury. On May 23, 2011, A. applied to the Single Judge of the District Court of Zurich for the precautionary taking of evidence in the form of a court expert opinion on the permanent medical consequences of the accident. At the same time, he applied for the granting of legal aid.
By order of October 3, 2011, the Single Judge granted A.'s application for legal aid in part. By judgment of January 16, 2014, the Federal Supreme Court decided in another case that there is no entitlement to legal aid for proceedings for the precautionary taking of evidence for the purpose of clarifying the prospects of success.
By order of March 30, 2015, the Single Judge withdrew the legal aid exceeding CHF 11,000 from A. The Cantonal Court of Zurich dismissed the appeal filed against this.
Considerations
The Federal Supreme Court notes that the proceedings for the granting of legal aid belong to the voluntary jurisdiction and are conducted in summary proceedings. Summary decisions are generally legally binding, but can be overturned or amended under Art. 256 para. 2 CPC if they prove to be incorrect in retrospect.
The Federal Supreme Court relies on Art. 120 CPC, according to which the court…