Questão jurídica principal
Admissibility of a federal appeal against the cantonal order requiring an advance on court costs
Decisão extraída
The appeal is inadmissible because the applicant had to first seek exemption from the advance under cantonal legal-aid rules before turning to the Federal Supreme Court.
Fundamentação extraída
The contested order is incidental. Since the underlying dispute concerns public law, the same remedy would apply to the main decision. However, Art. 86(1)(d) LTF requires exhaustion of available cantonal remedies. Under cantonal law, the appellant could request waiver of the advance as a form of legal aid, so direct appeal to the Federal Supreme Court was premature.