Facts
The decision concerns a case in which the plaintiff filed a request for judicial assistance for the cantonal appeal. The cantonal court rejected this request, considering that the plaintiff's conclusions were doomed to fail. The plaintiff then appealed to the FSCA, requesting the grant of judicial assistance for the cantonal appeal and the federal appeal.
The parties involved are the plaintiff and the defendant, X. GmbH. The procedure began on 5 November 2012, the date on which the district court of Werdenberg-Sarganserland rendered a decision. The plaintiff then appealed to the cantonal court, which rejected the appeal. The plaintiff then seized the FSCA, which rendered the contested decision on 5 August 2013.
Considerations
The FSCA examined the plaintiff's request for judicial assistance and considered that the plaintiff's conclusions were partially doomed to fail. The court applied Article 64 of the Federal Supreme Court Act (FSCA), which provides that judicial assistance may be granted partially if the conclusions are autonomous and can be judged independently of each other.
The court considered that the plaintiff needed judicial assistance for the federal appeal, but that the conclusions were partially doomed to fail. The court therefore granted judicial assistance partially, for the conclusions that were not doomed to fail.
The court also considered that the plaintiff was…