District Auditor

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The district auditor is a cost auditor whose task is the special examination of the cost estimate by the cost officer .

Service duties

The tasks assigned to the district auditor arise in Germany for the business area of ​​the federal courts from the cost ruling (KostVfg) of the Federal Ministry of Justice (§§ 34 Abs. 2, 35 Nr. 1 KostV), for the courts of the federal states (local, regional and higher regional courts) ) from corresponding provisions of the state ministers of justice.

According to §§ 41 ff. KostV, the district auditor must pay particular attention to

  • whether the costs are recognized in a timely, correct and complete manner and whether they are requested with or without debit position, if necessary;
  • Court fee stamps have been used as intended and whether the whereabouts of the prints of court fee stamps, if they are no longer in the files, has been proven;
  • whether the expenses are properly recorded;
  • whether for approval of legal aid or procedural cost aid ,
    • requested the amounts paid to attorneys appointed by the debtor to the extent permitted,
    • any claims for compensation made against comrades in dispute and
    • the files of the registrars in the cases of § 120, para. 3, § 120a, Section. 1 and § 124 para. 1 no. have been submitted to 2 to 5 ZPO for decision and whether there is reason from the right to complain according to § 127 Abs 3 to make use of the ZPO.

The district auditors can be assigned other official tasks, such as monitoring the activities of the bailiffs or examining the custody transactions of the notaries, through state law .

appointment

District auditors are appointed at the federal and state levels from among the judicial officers working at the court . Those in the GDR as legal secretaries or so-called. Area registrars were active, the "position of a judicial officer" must have acquired (through appropriate training § 34a RPflG).

See also

Individual evidence

  1. ↑ Announcement of the new version of the cost decree of March 6, 2014, BAnz AT April 7, 2014 B1
  2. ↑ cf. For example for Brandenburg: Rules of Procedure for District Auditors of February 5, 1993 (JMBl / 93, No. 2, p. 26).
  3. ↑ cf. Number of hours may not be estimated by the court LG Münster, decision of January 31, 2011 - 05 T 681/10, information from the Institute for Experts 2011, p. 25 ff.
  4. ↑ cf. Brandenburg Higher Regional Court, decision of January 5, 2007 - 4 W 67/06
  5. ↑ cf. for Rhineland-Palatinate: Determination of the remuneration to be granted from the state treasury to lawyers, patent attorneys, legal advisers, tax advisors Administrative regulation of the Ministry of Justice of July 5, 2005 (5650 - 1 - 3).
  6. ↑ cf. for Brandenburg III. 1.3., 1.4. Rules of Procedure for District Auditors of February 5, 1993 (JMBl / 93, No. 2, p. 26).