Kernrechtsfrage
Whether the appeal against the refusal of legal aid was timely and admissible
Extrahierter Entscheid
The appeal was filed within the ten-day deadline and was therefore timely; new facts and evidence in appeal were inadmissible.
Extrahierte Begründung
The challenged decision was issued in summary proceedings, so Art. 321 ZPO applied. However, under Art. 326 ZPO, new allegations and evidence could not be considered.