Judicial principles and studies
Appointment of the Reference in Negative Jurisdiction Conflicts Between First‑Instance and Magistrate Courts
A brief summary explaining which authority appoints the competent court when a negative jurisdiction conflict arises between a first‑instance court and a magistrate court, based on the cited statutory provisions.
Updated: 10 September 2026
Prepared and reviewed by: Ashraf Al-Khawaja
Subject
The study examines how Articles 35 (Civil Procedure Code) and 6 (Courts Formation Law) are to be read regarding the phrase "the Court of Appeal to which the magistrate and first‑instance courts belong." The core issue is whether that belonging is territorial or refers to appellate hierarchy, and which authority is empowered to appoint the competent court when a negative jurisdiction conflict occurs.
Summary
- The belonging indicated is territorial: the two trial courts are attached to one of the three Courts of Appeal (Amman, Irbid, Ma'an), not to an appellate‑level notion of belonging. - The legislature limited the authority to appoint the reference to the Court of Appeal and the Court of Cassation; the first‑instance court is not granted that power even when it exercises certain appellate functions over magistrate court judgments. - A first‑instance court remains essentially a trial court despite being given some appellate character in specific instances to ease the burden on Courts of Appeal; it therefore lacks competence to appoint the reference. - Where a negative conflict arises between the First Instance Rights Court of Amman and the Magistrate Rights Court of Amman, the Court of Appeal of Amman is competent to appoint the judicial reference, departing from some earlier judicial practice.
Practical significance
- Treating the belonging as territorial makes the relevant Court of Appeal the decisive authority to determine whether the two contested courts fall under the same appellate circuit. - This confines the power to appoint the reference to the Court of Appeal (and ultimately the Court of Cassation), and precludes first‑instance courts from exercising that role. Note: This content is an educational summary and not a judicial text or legal advice.
Sources and references
Verify the official text and latest amendments before relying on this material professionally.