Facts
Since August 2000, divorce proceedings have been pending between A. and B. before the Supreme Court of the State of New York, County of New York. On September 15, 2004, the single judge for legal assistance of the District Court of Zurich received a request for international legal assistance from the Supreme Court of the State of New York, County of New York, requesting the examination of witnesses and the production of documents in connection with the divorce proceedings at Bank F. in Zurich. The District Court granted the request for the production of documents. Bank C., the legal successor of Bank F., appealed the district court's order to the High Court of the Canton of Zurich. By decision of June 1, 2005, the appeal was upheld, the order of the District Court was set aside, and the request for legal assistance was rejected. A. has filed a constitutional appeal with the Federal Supreme Court and requests the annulment of the High Court's decision and the confirmation of the district court's order.Considerations
The Federal Supreme Court dismisses the appeal, insofar as it enters into it. It examines that the request for legal assistance is to be assessed according to the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters (HCCH). Switzerland has ratified the HCCH and has made a partial reservation to Article 23 of the HCCH, according to which requests for legal assistance that are the subject of a "pre-trial discovery of documents" procedure can be rejected if certain conditions are not met.
The High Court has examined the request for legal assistance and found that it does not meet the requirements of Article 3 of…