Facts
[A. AG] (the appellant) has been involved in a maintenance lawsuit before the District Court of Dietikon against [B.] (the plaintiff) and [C.] (the defendant) since 8 April 2009. In the context of this proceeding, the District Court of Dietikon repeatedly requested legal assistance from the Cantonal Court of Zug to have the appellant produce documents such as profit and loss statements, accounting records, and receipts.
The Cantonal Court of Zug ordered the production of the requested documents under threat of a penalty for disobedience. The appellant filed a complaint against this order with the High Court of the Canton of Zug, which, however, did not enter into the matter. The appellant then filed a civil law appeal with the Federal Supreme Court.
Considerations
The Federal Supreme Court found that the High Court of the Canton of Zug was right to enter into the complaint, as the order of the Cantonal Court of Zug to produce the documents was accompanied by a threat of sanction and was therefore appealable under Art. 167(3) CPC.
However, on the merits, the Federal Supreme Court concluded that the complaint must be dismissed. The Cantonal Court of Zug had examined the grounds for…