Iudex a quo
Iudex a quo ( Latin ) is a term from the field of law. Translated it means “ judge from whom it comes” and means the judge (also collegiate courts ) whose decision is contested with an appeal (cf. also devolution effect ). The counterpart is the iudex ad quem .
The term “first judge” is usually used because he was “the first” to deal with the matter. Another name is "Vorderrichter". Another synonym is "lower court" because it is mostly a lower order court. However, the order of the court is not directly decisive, but rather the regulations of the respective procedural rules. A higher regional court can also be a iudex a quo if it decides in first instance.
The term is mostly used in connection with civil, criminal and administrative law proceedings and refers to the appeal .
Decisions on the admission of the appeal in administrative court proceedings ( § 124 Abs. 2 VwGO ) and the revision ( § 139 Abs. 1 VwGO) take place at the "iudex a quo", ie the court that issued the challenged judgment decides on this admission .
In criminal proceedings , an appeal must always be lodged with the iudex a quo. For the appeal, this is regulated in Section 314 (1) StPO , for the revision in Section 341 (1) StPO and for the complaint in Section 306 (1) StPO.
For complaints in voluntary jurisdiction proceedings and in family matters, the filing is regulated in Section 64 (1) FamFG . Then the complaint must be submitted to the iudex a quo. This does not apply to legal complaints ( Section 71, Paragraph 1, Sentence 1, FamFG) as well as in tax court proceedings for the appeal ( Section 115, Paragraph 1, FGO) (which is the sole legal remedy against judgments ).
In civil proceedings , on the other hand, an appeal must be lodged with the iudex ad quem (for an appeal, Section 519 (1) ZPO , for revision Section 549 (1) ZPO). An exception exists in the case of an immediate complaint according to §§ 567 ff. ZPO: The court of origin from which the contested decision originates has the option of complaining itself, i.e. H. as iudex a quo, to remedy, s. Section 572 (1) Hs. 1 ZPO. Otherwise this must be submitted to the appeal court.
In all jurisdictions, filing with the wrong court can be harmless if the court recognizes this and forwards the appeal to the competent court in good time, which it is obliged to do. However, if it is received there after the deadline has expired, this will be borne by the appellant. This does not apply if instructions on legal remedies were incorrect or other causes for which he is not responsible, such as misdirection within the judiciary in common inbox offices.
