Key legal question
Whether the court vacation rules apply to proceedings for granting legal aid under §§ 132 ff. Lucerne ZPO.
Extracted holding
The vacation rules do not apply to proceedings for legal aid; by analogy, § 86 lit. b ZPO governs these summary proceedings and their related appeals.
Extracted reasoning
The Lucerne ZPO contains no express rule for legal aid proceedings, but § 133(3) ZPO makes the provisions on summary proceedings applicable by analogy. Because legal aid proceedings are, as to purpose, procedural principles including evidence, expedition, and limited res judicata, a classic summary procedure, the exclusion of court vacations in § 86 lit. b ZPO should also apply.