In order to counter such problems, the Code of Civil Procedure (ZPO) provides for the instrument of legal aid. Legal aid is understood to mean the provisional waiver of part or all of the costs of proceedings or the temporary provision of a representative free of charge. This is intended to facilitate access to justice for those persons who do not have the necessary means to conduct a lawsuit.
Legal aid shall be granted to a party to the extent that he or she is unable to meet the costs of the proceedings without prejudice to the necessary maintenance. In this context, the conduct of the proceedings must not appear wanton or futile. Necessary maintenance is that which the party requires for itself and its family for a simple lifestyle. The conduct of the proceedings shall be deemed to be wanton if a party who does not claim legal aid would refrain from conducting the proceedings.
An application for legal aid shall be filed with the court of first instance. The application may be submitted in writing or orally on the record and shall contain:
- Name of the case for which legal aid is requested
- Scope of the requested legal aid
- Statement of assets, which is not older than four weeks (including receipts if reasonable)
There is no obligation to be represented by a lawyer in the proceedings for legal aid. If the court rejects the application, the decision can be appealed.
