Act on Costs of Civil Procedure（Act No. 40 of 1971）
Last Version： Act No. 96 of 2013
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  • 令和3年6月21日
    • 最終更新：令和元年法律第十八号
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Act on Costs of Civil Procedure
Act No. 40 of April 6, 1971
Chapter I General Provisions(Articles 1 and 2)
Chapter II Costs to Be Paid to the Court
Section 1 Fees(Articles 3 to 10)
Section 2 Costs Other Than Fees(Articles 11 to 13-2)
Section 3 Collection of Costs(Articles 14 to 17)
Chapter III Payments to Witnesses(Articles 18 to 28-2)
Chapter IV Miscellaneous Provisions(Articles 29 and 30)
Supplementary Provisions
Chapter I General Provisions
(Purpose)
Article 1Costs of civil litigation proceedings, civil execution proceedings, civil preservation proceedings, administrative case litigation proceedings, non-contentious case proceedings, domestic-relations adjudication proceedings, and any other proceedings relating to civil cases, administrative cases or domestic-relations cases in court (hereinafter referred to as "civil proceedings, etc.") are to be governed by the provisions of this Act in addition to the provisions of other laws and regulations.
(Scope and Amount of Costs of Civil Proceedings to Be Borne by the Parties and Other Persons)
Article 2The scope of the costs of civil proceedings, etc. to be borne by a party, etc. (meaning a party or an interested person in the case; the same applies hereinafter, except under items (iv) and (v)) or by any other person pursuant to the provisions of the Code of Civil Procedure (Act No. 109 of 1996) and other laws and regulations concerning civil proceedings, etc. are to be as listed in the following items, and the amounts of the costs are as specified in the respective items:
(i)the fees under the provisions of the following Article:the amount of the fees (or the amount of the fees after deducting the amount to be refunded pursuant to the provisions of Article 9, paragraph (3) or paragraph (5), if there is any such amount to be refunded);
(ii)the costs set forth in Article 11, paragraph (1):the amount of the costs;
(iii)the fees and expenses under the provisions of the Court Execution Officers Act (Act No. 111 of 1966):the amount of the fees and expenses;
(iv)the travel expenses, daily allowance and accommodation charges to be incurred in order for a party, etc. (meaning a party or an interested person in the case, the person's or its statutory agent or representative, or any other person equivalent thereto; hereinafter the same applies in this item and the following item) to appear on the date for oral argument or hearing or any other date designated by the court (if two or more persons appear as statutory agents in lieu of a person with parental authority, as the representative of a corporation, as any other person equivalent thereto, the lowest amount of travel expenses, daily allowance, and accommodation charges incurred by any one of these persons): the amount of travel expenses, daily allowance and accommodation charges calculated as prescribed in the following:
(a)travel expenses:
1.If the travel does not include any travel between Japan (meaning Japan as prescribed in Article 2, paragraph (1), item (iv) of the Act on Travel Expenses of National Public Employees (Act No. 114 of 1950); the same applies hereinafter) and a foreign state (meaning territories other than the territory of Japan (including international waters); the same applies hereinafter), the amount specified by the Supreme Court as the amount of transportation expenses normally required to travel the distance between the place where the principal building of the summary court that has jurisdiction over the location of the general venue of the party, etc. is located and the place where the principal building of the summary court that has jurisdiction over the place where the party, etc. appears, on the basis of the distance (if these places are the same, the amount specified by the Supreme Court); provided, however, that the amount of transportation expenses actually paid applies when the party, etc. submits documents such as receipts, train tickets, airline boarding pass stubs, and the like, which clearly indicate that the travel used an ordinary route and means and that the amount actually paid exceeds the amount specified by the Supreme Court;
2.If the travel includes any travel between Japan and a foreign state, the amount of transportation expenses actually paid, if the relevant travel used an ordinary route and means (or the amount calculated under the same rule as is applicable to the travel expenses to be paid to a witness, if the relevant travel did not use an ordinary route or means);
(b)Daily allowance:the amount specified by the Supreme Court according to the number of days actually required to make an appearance and to travel therefor (limited to travel using an ordinary route and means); provided, however, that the amount calculated under the same rule as is applicable to the daily allowance to be paid to a witness applies if the travel did not use an ordinary route or means or when the travel included travel between Japan and a foreign state;
(c)Accommodation charges:the amount specified by the Supreme Court by classifying the place of stay according to the number of nights that the party, etc. actually stayed to make an appearance and to travel therefor (limited to the travel using an ordinary route and means); provided, however, that the amount calculated under the same rule that is applicable to accommodation charges to be paid to witnesses applies when the travel did not use an ordinary route or means or when the travel included travel between Japan and a foreign state;
(v)The travel expenses, daily allowance, and accommodation charges when an agent (excluding statutory agents and special agents; the same applies throughout this item) appeared on the date prescribed in the preceding item (excluding when the agent appeared on a date for which the party, etc. was not given any order to appear or summons) (if two or more agents appeared, the lowest amount of the travel expenses, daily allowance, and accommodation charges incurred by any one of these persons):the amount calculated by the same rule as that set forth in the preceding item; provided, however, that the amount may not exceed the amount considered by the court to be a reasonable amount for travel expenses, daily allowance, and accommodation charges in the case of the appearance by the party, etc.;
(vi)The expenses of preparing and submitting documents, such as written petitions including a complaint, briefs, copies of documentary evidence, translated documents, and the like (limited to those documents used as materials for the civil proceedings, etc.):the amount specified by the Supreme Court, per case, as the amount of expenses normally required to prepare and submit the documents, on the basis of the type of case, the number of the parties, etc., as well as the type and number of documents (in when the records of the case are prepared in an electric or magnetic form, the number of copies prepared by outputting, in the form of hard copies, the content of the information recorded in the relevant electric or magnetic records);
(vii)The expenses required for a government agency, other public body or notary to issue the documents set forth in the preceding item:the amount calculated by adding the amount specified by the Supreme Court, up to double the minimum rate for a first-class mail matter per issue, to the amount of fees payable to the relevant government agency, etc.;
(viii)The translation fee for a translated document set forth in item (vi):the amount specified by the Supreme Court per page;
(ix)The expenses incurred to send a document or object (limited to those examined by the court) to the court:the actual cost of sending the same by an ordinary method;
(x)The compensation and expenses paid to an attorney appointed by a party, etc. if the court orders an attorney to be appointed, or an attorney appointed by the court pursuant to the provisions of the laws and regulations concerning civil proceedings, etc.:the amount considered to be reasonable by the court;
(xi)The registration and license tax to be paid for registering as commissioned by the court:the amount of the registration and license tax;
(xii)The expenses required to obtain the issuance of an authenticated copy of a title of obligation, the grant of a certificate of execution for the purpose of filing a petition for compulsory execution or making a demand for liquidating distribution or the delivery of the documents to be served pursuant to the provisions of Article 29 of the Civil Execution Act (Act No. 4 of 1979):the amount calculated by adding the amount specified by the Supreme Court, up to the total of double the amount of the minimum rate for a first-class mail matter and the rate for registered mail per issuance, grant or delivery, to the amount of fees payable to the court or any other government agency or notary;
(xiii)The expenses required for the service of a document by a notary pursuant to the provisions of Article 57-2 of the Notary Act (Act No. 53 of 1908):the amount of the fee payable to the notary and the charges required for the service;
(xiv)The expenses required to obtain a document prepared by a government agency, etc. to be submitted to a government agency other than the court or to a notary for the purpose of obtaining the issuance, grant, or delivery set forth in item (xii) or requesting the service set forth in the preceding item:the expenses calculated using the same rule as that set forth in item (vii);
(xv)The compensation and expenses to be received by an administrator or trustee appointed by the court as provided for by laws and regulations concerning compulsory execution, execution of a provisional seizure, or exercise of a security right (including an auction held under the same rule as that applicable thereto), except for those to be paid by the court:the amount specified by the court pursuant to the relevant provisions of laws and regulations;
(xvi)The rent for a superficies right or right of lease paid by an obligee effecting a seizure with the permission obtained under Article 56, paragraph (1) of the Civil Execution Act (including when the relevant paragraph is applied mutatis mutandis or when the same rule as that prescribed therein is applied):the amount of the rent for the superficies right or right of lease;
(xvii)The costs set forth in Article 28-2, paragraph (1):the amount calculated pursuant to the provisions of the relevant paragraph;
(xviii)the expenses for giving notice when notice is given in writing under the provisions of Article 385 of the Civil Code (Act No. 89 of 1896) (including as applied mutatis mutandis pursuant to the relevant Code and other laws and regulations):the amount specified by the Supreme Court, up to the total of the amount of the minimum rate for first-class mail matter and the rate for registered mail per notice.
Chapter II Costs to Be Paid to the Court
Section 1 Fees
(Fees for a Petition)
Article 3(1)In order to file a petition listed in the left-hand column of Appended Table 1, payment is required in the amount of the fee listed in the right-hand column of the relevant table, according to the category of the petition.
(2)In the cases listed in the following items, a person who has filed a petition set forth in one of the relevant items (in the case set forth in the item (iii), when a consumer holding the filed claim files an objection pursuant to the provisions of Article 46, paragraph(2) of the Act on Special Measures Concerning Civil Court Proceedings for the Collective Redress for Property Damage Incurred by Consumers (Act No.96 of 2013), the consumer holding the filed claim) must pay the fee amount calculated by deducting the fee amount already paid for the petition from the amount of the fee payable for filing an action:
(i)when it is deemed, pursuant to the provisions of Article 275, paragraph (2), Article 395, or Article 398, paragraph (1) of the Code of Civil Procedure (including as applied mutatis mutandis pursuant to Article 402, paragraph (2) of the relevant Code), that an action was filed at the time a petition for settlement or for a demand for payment was filed;
(ii)when it is deemed, pursuant to the provisions of Article 22, paragraph (1) of the Labor Tribunal Act (Act No. 45 of 2004) (including as applied mutatis mutandis pursuant to Article 23, paragraph (2) and Article 24, paragraph (2) of the relevant Act), that an action was filed at the time a petition for labor dispute adjudication proceedings was filed;
(iii)when it is deemed, pursuant to the provisions of Article 52, paragraph(1) of the Act on Special Measures Concerning Civil Court Proceedings for the Collective Redress for Property Damage Incurred by Consumers, that an action was filed at the time of the filing of proofs of claims;
(3)When a final appeal and a petition for acceptance of final appeal are filed against one judgment, if the same interests are claimed therein, the fee paid in relation to either of them is deemed to have been paid in relation to the other as well, to the extent that they are the same. The same applies when an appeal under the provisions of Article 336, paragraph (1) of the Code of Civil Procedure (including when the relevant paragraph is applied mutatis mutandis or when the same rule as that prescribed therein is applied) and a petition for permission to appeal under the provisions of Article 337, paragraph (2) of the relevant Code (including when the relevant paragraph is applied mutatis mutandis or the when same rule as that prescribed therein is applied) are filed against one order or direction.
(4)When it is deemed, pursuant to the provisions of the main clause under Article 248, paragraph (4) of the Bankruptcy Act (Act No. 75 of 2004), that a petition for a grant of discharge was filed upon the filing of a petition for commencement of bankruptcy proceedings, the person who filed the petition for commencement of bankruptcy proceedings must also pay the fee for a petition for grant of discharge.
(Value of the Subject Matter of the Suit)
Article 4(1)The value of the subject matter of the suit used as the basis for the calculation of the amount of the fees in Appended Table 1 is calculated pursuant to the provisions of Article 8, paragraph (1) and Article 9 of the Code of Civil Procedure.
(2)With regard to an action bringing a claim that is not on a property right, the value of the subject matter of suit is deemed to be 1,600,000 yen. The same applies to an action bringing a claim on a property right for which it is extremely difficult to calculate the value of the subject matter of suit.
(3)When filing an action bringing a claim that is not on a property right together with a claim on a property right which arises from the fact that is the cause of the former claim, the large amount of the values of the subject matter of suit applies.
(4)The provisions of paragraph (1) apply mutatis mutandis to the value that is used as the basis for the calculation of the amount of the fee set forth in row (10) of Appended Table 1.
(5)The provisions of Article 9, paragraph (1) of the Code of Civil Procedure apply mutatis mutandis to the amount that is used as the basis for the calculation of the amount of the fee set forth in rows (13) and (13)-2 of Appended Table 1.
(6)The provisions of paragraph (1) and paragraph (3) apply mutatis mutandis to the value that is used as the basis for the calculation of the amount of the fee set forth in rows (14) and (14)-2 of Appended Table 1.
(7)The value set forth in the preceding paragraph is deemed to be 1,600,000 yen when it is impossible or extremely difficult to calculate the value.
(Cases of Constructive Payment of Fees)
Article 5(1)With regard to the fees for filing an action set forth in Article 355, paragraph (2) of the Code of Civil Procedure (including as applied mutatis mutandis pursuant to Article 367, paragraph (2) of the relevant Code), Article 19 of the Civil Conciliation Act (Act No. 222 of 1951) (including as applied mutatis mutandis pursuant to Article 18, paragraph (2) of the Act on Special Conciliation Proceedings for Expediting Arrangement of Specified Debts, etc. (Act No. 158 of 1999); including as applied mutatis mutandis pursuant to Article 19 of the relevant Act) or Article 272, paragraph (3) of the Domestic Relations Case Procedure Act (Act No.52 of 2011) (including as applied mutatis mutandis pursuant to Article 277, paragraph (4) of the relevant Act), Article 280, paragraph (5) or Article 286, paragraph (6) of the relevant Act, it is deemed that an amount equivalent to the amount of the fee paid in relation to the filing of the previous action or petition for conciliation has been paid.
(2)The provisions of the preceding paragraph apply mutatis mutandis to the fees for a petition under the provisions of Article 17, paragraph (1), paragraph (2) or paragraph (5) of the Act on Land and Building Leases (Act No. 90 of 1991) (including as applied mutatis mutandis pursuant to Article 18, paragraph (3) of the relevant Act), Article 18, paragraph (1) of the relevant Act, Article 19, paragraph (1) of the relevant Act (including as applied mutatis mutandis pursuant to paragraph (7) of the relevant Article) or Article 20, paragraph (1) of the relevant Act (including as applied mutatis mutandis pursuant to paragraph (5) of the relevant Article),or Article 5, paragraph (1) of the Act on Special Measures concerning Land and Building Leases in Affected Areas by the Large Scale Disaster (Act No. 61 of 2013) (including as applied mutatis mutandis pursuant to paragraph(4) of the relevant Article) filed when a conciliation case is concluded pursuant to the provisions of Article 14 of the Civil Conciliation Act (including as applied mutatis mutandis pursuant to Article 15) or when an order in lieu of conciliation ceases to be effective pursuant to the provisions of Article 18, paragraph (4) of the relevant Act, and when the relevant petition is filed with regard to the claim for which conciliation has been sought, within two weeks from the day on which the petitioner of conciliation received notice to that effect.
(Petitions with Unpaid Fees)
Article 6A petition for which a fee must be paid, but has not yet been paid is unlawful.
(Fees for Inspection, Copying of Records Retained by a Court Clerk)
Article 7With regard to the matters listed in the left-hand column of Appended Table 2, the amount of the fees are as listed in the right-hand column of the relevant table.
(Method of Payment)
Article 8Fees must be paid by affixing fiscal stamps to a complaint or to any other written petition or to a written statement in which the object for the petition are stated; provided, however, that when specified by the Rules of the Supreme Court, it may be paid in cash as provided for in the Rules of the Supreme Court.
(Return of Overpaid Fees)
Article 9(1)In the case of overpayment of a fee, the court, upon petition, must order a refund of the amount of money equivalent to the amount of such overpaid fee.
(2)Notwithstanding the provisions of the preceding paragraph, in the case of an overpayment of the fee for a petition demand for payment or for disposition of a seizure, or the fee for a matter listed in the left-hand column of Appended Table 2, a refund of such overpayment is provided by the court clerk upon petition.
(3)When any of the events specified in the following items occurs with regard to the petitions listed in the respective items, the court, upon petition, must order the return of the amount of money calculated by deducting half of the amount of the fee payable (excluding the amount that is deemed to have been paid, pursuant to the provisions of Article 5; in the case of the fee pertaining to one of the two or more claims subject to the totaling prescribed in Article 9, paragraph (1) of the Code of Civil Procedure, the amount obtained by dividing the amount of the fees according to the value of each claim) (or 4,000 yen is to be deducted if half of the amount of the fees payable is less than 4,000 yen) from the amount of fees paid (excluding the amount that is deemed to have been paid pursuant to the provisions of Article 5):
(i)the filing of an action or an appeal or of an application for intervention pursuant to the provisions of Article 47, paragraph (1) or Article 52, paragraph (1) of the Code of Civil Procedure or the same rule as that set forth in these provisions:the fact that a judicial decision of dismissal without prejudice made without oral argument has become final and binding or the withdrawal prior to the closing of the first date for oral argument;
(ii)the filing of a petition for conciliation under the Civil Conciliation Act:the fact that a judicial decision of dismissal without prejudice has become final and binding or the withdrawal prior to the closing of the first date for conciliation proceedings;
(iii)the filing of a petition for labor dispute adjudication proceedings under the Labor Tribunal Act:the fact that a judicial decision of dismissal without prejudice has become final and binding or the withdrawal prior to the closing of the first date for labor dispute adjudication proceedings;
(iv)the filing of a petition for a case set forth in Article 41 of the Act on Land and Building Leases (including as applied mutatis mutandis pursuant to Article 5, paragraph (2) of the Act on Special Measures concerning Land and Building Leases in Affected Areas by the Large Scale Disaster (including as applied mutatis mutandis pursuant to paragraph (4) of the relevant Article); hereinafter the same applies in this item), an application for intervention in a case set forth in Article 41 of the Act on Land and Building Leases (limited to cases of intervention as the petitioner) or an appeal against a judicial decision made on the petition or application (excluding those listed in the following item):the fact that a judicial decision of dismissal without prejudice has become final and binding or the withdrawal prior to the closing of the first hearing date; and
(v)the filing of a final appeal or a petition for acceptance of a final appeal, or re-appeal from an appeal from a ruling under the provisions of Article 74, paragraph (1) of the Non-Contentious Case Procedure Act (Act No.51 of 2011) against a judicial decision made on such petition or application set forth in the preceding item, special appeal under the provisions of Article 75, paragraph (1) or a petition for permission to appeal under the provisions of Article 77, paragraph (2) of the relevant Act :the fact that a judicial decision of dismissal without prejudice made by the court of prior instance (in the case of the filing of a petition for permission to appeal, the court with which the petition has been filed; hereinafter the same applies in this item) has become final and binding, or the withdrawal prior to the court of prior instance sending the case to the final appellate court or the court in charge of the appeal.
(4)When any of the events specified in the items of the preceding paragraph occur with regard to one portion of two or more claims, and the whole or part of the fee already paid is intended to cover payment for any other claim that is still pending, the provisions of the preceding paragraph does not apply to the extent that the payment of the fee is intended for such pending claims. When the event specified in item (v) of the relevant paragraph occurs with regard to the petition set forth in the relevant item, and the whole or part of the fee already paid is intended as payment for any other petition set forth in the relevant item that is still pending, the provisions of the preceding paragraph does not apply to the extent that the payment of the fee is intended for such pending a petition.
(5)When a petition for a demand for payment is withdrawn before a disposition of dismissal without prejudice becomes final and binding or before the demand for payment is served, the court clerk, upon petition, must refund the amount of money calculated in accordance with the provisions of paragraph (3); provided, however, that in the case prescribed in the first sentence of the preceding paragraph, this does not apply to the extent that the payment of the fee is intended for the pending claims.
(6)A petition to be filed under paragraphs (1) through (3) and the preceding paragraph may be filed by each petitioner when there are two or more petitioners for a petition concerning each fee.
(7)A petition to be filed under paragraphs (1) through (3) or paragraph (5) must be filed within five years from the day on which the event forming the grounds for filing the petition occurred.
(8)With regard to a disposition by the court clerk on a petition filed under paragraph (2) or paragraph (5), an objection may be filed with the court to which the court clerk belongs within an unextendable period of one week from the day on which notice of the disposition was received.
(9)With regard to a petition filed under paragraphs (1) through (3) and paragraph (5), and a judicial decision or a disposition of the court clerk made on the petition, and an objection filed under the provisions set forth in the preceding paragraph and a judicial decision made on such objection, unless contrary to the essential nature thereof, the provisions of Part II of the Non-Contentious Case Procedure Act(excluding the provisions of Article 27 and Article 40 of the relevant Act) applies mutatis mutandis.
(Certificate of Re-Use)
Article 10(1)With regard to a petition filed under paragraphs (1) through (3) or paragraph (5) of the preceding Article, when a request is made to re-use fiscal stamps which have been paid pursuant to the provisions of Article 8 for payment of another fee at the relevant court, the refund may be made by delivering, in lieu of money, revenue stamps equivalent to the amount to be refunded, with a certificate from the court clerk attached thereto allowing the re-use of the fiscal stamps within one year from the date of the refund.
(2)When a recipient of fiscal stamps with a certificate attached thereto as set forth in the preceding paragraph files a petition for a refund within the period pertaining to the certificate set forth in the relevant paragraph by submitting the relevant fiscal stamps and requesting an amount of money equivalent to the amount of the fiscal stamps, the court set forth in the relevant paragraph must order the refund as requested.
(3)The provisions of paragraph (9) of the preceding Article apply mutatis mutandis to the order set forth in the preceding paragraph.
Section 2 Costs Other Than Fees
(Obligation to Pay)
Article 11(1)The amounts listed in the following must be paid by a party, etc. as costs:
(i)the amount equivalent to the payment specified in the following Chapter and any other payments necessary in order for the court to conduct the examination of evidence, serve documents, or conduct any other procedural acts in civil proceedings, etc.; and
(ii)the amount of travel expenses and accommodation charges for a judge and a court clerk as necessary if the judge and court clerk conduct, an out of court examination of evidence or an examination of facts or any other act in a civil case other than a conciliation case or an administrative case, equivalent to the amount as calculated by the same rule as that applicable to a witness.
(2)The party, etc. who is to pay the costs set forth in the preceding paragraph is to be the petitioner in the case of the costs pertaining to an act to be conducted upon petition, or a person designated by the court in the case of costs pertaining to an act conducted by the court's own authority, unless otherwise provided for in other laws or regulations.
(Obligation to Prepay)
Article 12(1)With regard to an act which requires the costs set forth in paragraph (1) of the preceding Article, the court must have a party, etc. prepay the estimated amount of such costs, except in cases otherwise provided for in other laws and in cases specified by the Supreme Court.
(2)When the court has ordered prepayment pursuant to the provisions of the preceding paragraph but no prepayment has been made as ordered, the court may decide not to conduct the act which requires the relevant costs.
(Prepayment by Postage Stamps)
Article 13With regard only to the costs to be appropriated for postal charges or for correspondence delivery services prescribed in Article 2, paragraph (2) of the Act on Correspondence Delivery by Private Business Operators (Act No. 99 of 2002) provided by general correspondence delivery operators prescribed in paragraph (6) of the relevant Article or by a specified correspondence delivery operator prescribed in paragraph (9) of the relevant Article, the court may have prepayment made by postage stamps or similar vouchers specified by the Supreme Court (hereinafter referred to as "postage stamps, etc."), in lieu of money.
(Special Provisions for Costs for Procedures by a Court Clerk)
Article 13-2For purposes of the application of the provisions of Article 11, paragraph (2) and the preceding two Articles with regard to the costs of any of the procedures listed in the following that are conducted by a court clerk, the term "court" as used in these provisions is deemed to be replaced with "court clerk":
(i)demand procedure;
(ii)procedure for determining the amount of court costs, costs for settlement or costs of procedures for non-contentious cases (including when the provisions of the Non-Contentious Case Procedures Act are applied mutatis mutandis pursuant to the provisions of other laws and regulations), domestic relations cases or cases relating to the return of child set forth in Article 29 of the Act for Implementation of the Convention on the Civil Aspects of International Child Abduction (Act No.48 of 2013) to be borne;
(iii)procedure for determining the amount of the execution costs and the money to be refunded as set forth in Article 42, paragraph (4) of the Civil Execution Act; and
(iv)procedure for execution against a claim relating to a small claims action (meaning execution against a claim relating to an action on a small claim prescribed in Article 167-2, paragraph (2) of the Civil Execution Act; the same applies hereinafter).
Section 3 Collection of Costs
(Collection from Person Ordered to Bear Costs by Judicial Decision)
Article 14If no prepayment is made, the costs set forth in Article 11, paragraph (1) may be collected from the person who is ordered to bear the costs by a judicial decision, judicial settlement, conciliation, or labor tribunal decision or pursuant to the provisions concerning civil proceedings, etc.
(Collection of Costs When There Is No Prepayment)
Article 15(1)For the purpose of collecting the costs set forth in the preceding Article, compulsory execution may be conducted pursuant to the provisions of the Civil Execution Act and other laws and regulations concerning compulsory execution procedure, based on an order of the court when the records are kept in the case of collection from the person who is to bear the costs pursuant to the provisions of Article 11, paragraph (2), or based on an order of the court of first instance in the case of collection from any other person. Such an order is to have the same effect as an enforceable title of obligation.
(2)The provisions of Article 9, paragraph (9) apply mutatis mutandis to the order set forth in the preceding paragraph.
(Collection of Costs for Which a Grace Period for Payment Is Judicially Granted)
Article 16(1)A judicial decision ordering the payment of costs under the provisions of Article 83, paragraph (3) or Article 84 of the Code of Civil Procedure is to have the same effect as an enforceable title of obligation with regard to compulsory execution.
(2)The provisions of the preceding Article apply mutatis mutandis to the collection of costs under the provisions of the first sentence of Article 85 of the Code of Civil Procedure.
(Application Mutatis Mutandis)
Article 17The provisions of the preceding Article apply mutatis mutandis to the collection of costs for which aid is given and a grace period for payment is granted pursuant to the provisions of the Code of Civil Procedure as applied mutatis mutandis pursuant to other laws and regulations.
Chapter III Payment to Witnesses
(Request for Travel Expenses by a Witness)
Article 18(1)A witness, expert witness, or interpreter may request travel expenses, a daily allowance, and accommodation charges; provided, however, that this does not apply to a person who has refused to swear under oath or testify, give expert testimony, or interpret without justifiable grounds.
(2)An expert witness or an interpreter may request a fee for expert testimony or for interpretation, and may receive payment or reimbursement of the expenses necessary for expert testimony or interpretation.
(3)When a witness, expert witness, or interpreter receives an advance of funds for the payment of travel expenses, daily allowance, or accommodation charges or the expenses set forth in the preceding paragraph, if that person fails to appear, refuses to swear under oath, testify, give expert testimony, or interpret without justifiable grounds, that person must return the amount received.
(Request for Travel Expenses by an Expositor)
Article 19An expositor under the provisions of Article 218, paragraph (2) of the Code of Civil Procedure (including when the relevant paragraph is applied mutatis mutandis or when the same rule as that prescribed therein is applied) or Article 42-32, paragraph (2) of the Act on the Settlement of Environmental Pollution Disputes (Act No. 108 of 1970), a witness interrogated under the provisions of Article 187, paragraph (1) of the Code of Civil Procedure (including when the relevant paragraph is applied mutatis mutandis or when the same rule as that prescribed therein is applied), or a person summoned by the court to appear on the date for the examination of facts may request travel expenses, daily allowance, and accommodation charges.
(Payment of Compensation for a Commissioned Examination)
Article 20(1)When an examination is commissioned, a report is requested, or expert testimony or a statement of opinion based on expert knowledge and experience is commissioned pursuant to the provisions of laws and regulations concerning civil proceedings, etc., compensation and necessary expenses are to be paid upon request. The same applies when a custodian, administrator, or appraiser is appointed or ordered to conduct a realization of property or any other act under the provisions of laws and regulations concerning civil proceedings, etc., unless otherwise provided for in other laws and regulations.
(2)When the sending of a document is commissioned pursuant to the provisions of Article 132-4, paragraph (1), item (i) of the Code of Civil Procedure (including the sending of an object prescribed in Article 231 of the relevant Code), the expenses necessary to prepare a copy of the relevant document is paid upon request.
(3)The provisions of Article 18, paragraph (3) apply mutatis mutandis to the expenses set forth in the preceding two paragraphs.
(Type and Amount of Travel Expenses)
Article 21(1)Travel expenses are to be of four types: railway fare, ship fare, distance fees, and airfare; railway fare is paid for travel by land that spans points where railway service is available, ship fare is paid for travel by water that spans points where ship service is available, distance fees are paid for travel by land that spans points where railway service is unavailable or travel that spans points where ship service is unavailable, and airfare is paid for travel by air when there is a special reason to use an aircraft.
(2)Railway fare and ship fare (including a lighterage and pierage) is calculated respectively as comprising [1] passenger fare (in the case of travel by a route or a ship for which there are fare classes, if the fare is categorized into three classes, the second- or third-class fare as considered reasonable by the court, and if the fare is categorized into two classes, the fare of the class as considered reasonable by the court) corresponding to the distance of the span traveled, [2] express charge (a limited express charge for travel of 100 kilometers or more one way between points where there is a railway on which a limited express train runs; an ordinary express charge or semi-express charge for travel of fewer than 100 kilometers and 50 kilometers or more one way between points where there is a railway on which an ordinary express train or semi-express train runs), [3] special compartment charge or special cabin charge, if the payment of which is considered reasonable by the court, and [4] seat reservation charge (limited to a seat reservation charge in the case of travel of 100 kilometers or more one way between points where there is a railway on which an ordinary express train requiring a seat reservation charge runs, or travel by ship between points where there is a route on which a ship requiring a seat reservation charge runs); a distance fee is calculated as the amount determined by the court within the range specified by the Supreme Court; and an airfare is calculated by the passenger fare actually paid.
(Payment Base and Amount of Daily Allowance)
Article 22(1)A daily allowance is paid according to the number of days necessary for an appearance or examination and for the travel therefor (hereinafter referred to as an "appearance, etc.").
(2)The amount of a daily allowance is determined by the court within the range specified by the Supreme Court.
(Payment Base and Amount of Accommodation Charges)
Article 23(1)Accommodation charges are paid according to the number of nights necessary for an appearance, etc.
(2)The amount of accommodation charges is determined by the court within the range specified by the Supreme Court.
(Amount of Travel Expenses for Travel Between Japan and a Foreign State)
Article 24The amount of travel expenses, daily allowance, and accommodation charges for travel between Japan and a foreign state is considered reasonable by the court in consideration of the payment criteria prescribed in the preceding three Articles.
(Calculation of Travel Expenses)
Article 25The number of days used in the calculation of travel expenses (excluding airfare), daily allowance, and accommodation charges, are calculated according to the same rule as that applicable to travel by the most economical ordinary route and means; provided, however, that when it is difficult to travel by the most economical ordinary route and means due to a natural disaster or other unavoidable circumstances, the number is calculated on the basis of the route and means actually taken.
(Amount of Fee for Expert Testimony)
Article 26The amount of a fee for expert testimony or interpretation, compensation, and expenses payable under the provisions of Article 18, paragraph (2) or Article 20, paragraph (1) or paragraph (2) is considered reasonable by the court.
(Time Limit for Request)
Article 27Payment of travel expenses, daily allowance, accommodation charges, or fees for expert testimony or any other payment prescribed in this Chapter is not to be made unless it is requested before a judgment is rendered if the case is concluded by a judgment, or before two months have elapsed from the date of conclusion if the case is concluded in any way other than by a judgment; provided, however, that in the case of a failure to request payment before the expiration of such time limit due to unavoidable circumstances, payment is made only when it is requested within two weeks from the day on which the circumstances have ceased to exist.
(Authority of a Judge)
Article 28When an authorized judge, commissioned judge, or any other judge conducts the examination of a witness or any other procedure, the matters to be determined by the court with regard to payment under the provisions of this Chapter is determined by the judge concerned; provided, however, that this does not apply when the relevant judge finds it inappropriate to determine the matters own their own.
(Request for Costs for Deposit by a Third Party Obligor)
Article 28-2(1)A third party obligor who has made a deposit pursuant to the provisions of Article 156, paragraph (2) of the Civil Execution Act or Article 36-6, paragraph (1) of the Act on Adjustment between Procedures for Disposition of Delinquency and Compulsory Execution Procedures (Act No. 94 of 1957) (including when these provisions are applied mutatis mutandis or the same rules as those prescribed therein are applied) may request the costs listed in the following items, in the amounts specified in the respective items:
(i)the travel expenses, daily allowance, and accommodation charges required to make the deposit:the amount calculated using the same rules as those prescribed in Article 2, items (iv) and (v);
(ii)if the deposit can be made without appearing at an official depository, the expenses for the submission of the document required for the deposit and the deposit money and the expenses required to obtain issuance of an authenticated copy of the deposit receipt:the amount calculated using the same rule prescribed in Article 2, item (xviii), per submission or issuance;
(iii)the expenses for the preparation of the document required for the deposit and the document providing notification of the reasons for the deposit:the amount specified by the Supreme Court, per deposit or per notification of the reasons;
(iv)the expenses for the submission of the document providing notification of the reasons for the deposit:the amount calculated using the same rule as that prescribed in Article 2, item (xviii), per submission; and
(v)the expenses required to obtain issuance of a document required for the deposit that is prepared by a government agency or any other public body:the amount calculated using the same rule prescribed in Article 2, item (vii), per issuance.
(2)Notwithstanding the provisions of Article 27, the costs set forth in the preceding paragraph is not to be paid if payment has not been requested before a notification of the reasons for the deposit is submitted.
(3)The costs set forth in paragraph (1) are paid from the deposit money.
Chapter IV Miscellaneous Provisions
(Management of Postage Stamps)
Article 29(1)The affairs concerning the management of postage stamps, etc. prepaid pursuant to the provisions of Article 13 is administered by the court clerk designated by the Supreme Court.
(2)The responsibility of the court clerk set forth in the preceding paragraph is subject to the same rule as that applicable to the responsibility of goods management personnel as prescribed in the State-Owned Goods Management Act (Act No. 113 of 1956).
(3)Beyond what is provided in the preceding two paragraphs, matters necessary for the management of postage stamps, etc. set forth in paragraph (1) is specified by the Supreme Court.
(Rules of the Supreme Court)
Article 30Beyond what is provided for in this Act, necessary matters concerning payments to be made by courts to witnesses, etc. in civil proceedings, etc. and the enforcement of this Act is specified by the Supreme Court.
Appended Table 1 (Re: Articles 3 and 4)
Row
Left column
Right column
(1)
The filing of an action (excluding a counterclaim)
The amount obtained by making a calculation as specified in the following, according to the value of the subject matter of the suit:
(i) the portion up to one million yen of the value of the subject matter of the suit:
1,000 yen per 100,000 yen of the portion of the value.
(ii) the portion of the value of the subject matter of the suit in excess of one million yen, up to five million yen:
1,000 yen per 200,000 yen of the portion of the value.
(iii) the portion of the value of the subject matter of the suit in excess of five million yen, up to ten million yen:
2,000 yen per 500,000 yen of the portion of the value.
(iv) the portion of the value of the subject matter of the suit in excess of ten million yen, up to one billion yen:
3,000 yen per one million yen of the portion of the value.
(v) the portion of the value of the subject matter of the suit in excess of one billion yen, up to five billion yen:
10,000 yen per five million yen of the portion of the value.
(vi) the portion of the value of the subject matter of the suit in excess of five billion yen:
10,000 yen per ten million yen of the portion of the value.
(2)
The filing of an appeal (excluding the material set forth in row (4))
1.5 times the amount obtained by making the calculation specified in row (1)
(3)
The filing of a final appeal or a petition for acceptance of a final appeal (excluding the material set forth in row (4))
Double the amount obtained by making the calculation specified in row (1)
(4)
The filing of an appeal or the filing of a final appeal or a petition for acceptance of a final appeal against a judgment which has not made a determination on a claim
Half the amount obtained by making the calculation as specified in row (2) or row (3)
(5)
Amendment of a claim
The amount obtained by deducting the amount of the fees for the claim prior to the amendment from the amount obtained by making the calculation for the claim after the amendment as specified in row (1) (or row (2) for the amendment of the claim in the second instance pertaining to a judgment which has made a determination on the claim)
(6)
The filing of a counterclaim
The amount obtained by making the calculation specified in row (1) (or row (2) for the filing of the counterclaim in the second instance pertaining to a judgment which has made a determination on the claim); provided, however, that in the case of a counterclaim, the subject matter of which is the same as that of the principal action, the amount (row (2) for the filing of a counterclaim in the second instance pertaining to a judgment which has made a determination on the claim) for the value of the subject matter of the suit pertaining to the principal action isshall be deducted from thesaid amount obtained by making the calculation specified in row (1).
(7)
The filing of an application for intervention under the provisions of Article 47, paragraph (1), Article 52, paragraph(1) of the Code of Civil Procedure, or Article 138, paragraph (1) or paragraph (2) of the Civil Rehabilitation Act (Act No. 225 of 1999)
The amount obtained by making a calculation as specified in row (1) (or row (2) or row (3) for intervention in the second instance or in the final appellate instance pertaining to a judgment which has made a determination on the claim; row (2) for the intervention in the final appellate instance pertaining to a judgment in the second instance which has not made a determination on a claim that was determined in the first instance)
(8)
The filing of an action for retrial
(1) Filing with a summary court
2,000 yen
(2) Filing with a court other than a summary court
4,000 yen
(8)-2
The filing of a petition under the provisions of Article 44, paragraph (1) or Article 46, paragraph (1) of the Arbitration Act (Act No. 138 of 2003)
4,000 yen
(9)
The filing of a petition for settlement
2,000 yen
(10)
The filing of a petition to demand payment
Half the amount obtained by making the calculation specified in row (1) according to the value of the subject matter of the claim
(11)
(a) The filing of a petition for a compulsory auction of real property or for an auction of real property to exercise a security interest, a petition for an order of seizure for a claim, or any other petition for compulsory execution or auction by the court or for execution by the court against earnings (excluding the petition set forth in row (11)-2(a) and a petition for an order of seizure under the provisions of Article 153, paragraph (2) of the Civil Execution Act (including cases whenre the samesaid paragraph is applied mutatis mutandis or whenre the same rule as that prescribed therein is applied)) or of a petition for a disposition of seizure for a monetary claim
4,000 yen
(b) The filing of a petition for execution of a provisional seizure through compulsory administration
(11)-2
(a) The filing of a petition for a compulsory execution set forth in Article 167-15, paragraph (1), Article 171, paragraph (1), Article 172, paragraph (1) or Article 173, paragraph (1) of the Civil Execution Act or a petition for implementation of a property disclosure procedure set forth in Article 197, paragraph (1) or paragraph (2) of thesaid Act
2,000 yen
(b) The filing of a petition for a temporary restraining order under the provisions of the Civil Preservation Act (Act No. 91 of 1989)
(c) The filing of a petition for a stay of execution or a petition for a provisional mandatory order or provisional injunctive order under the provisions of the Administrative Case Litigation Act (Act No. 139 of 1962)
(d) The filing of a petition under the provisions of Article 108, paragraph (1) of the Real Property Registration Act (Act No. 123 of 2004) or of a petition or application for an order of provisional disposition of a provisional registration under the provisions of other laws and regulations pertaining to registration
(12)
The filing of a petition for commencement of bankruptcy proceedings (limited to such a petition filed by a creditor), a petition for commencement of reorganization proceedings, a petition for commencement of special liquidation, a petition for recognition of foreign insolvency proceedings, a petition for commencement of proceedings for limitation of shipowners' liability, a petition for expansion of proceedings for limitation of shipowner liability or a petition for the exercise of an enterprise mortgage
20,000 yen
(12)-2
The filing of a petition for commencement of rehabilitation proceedings
10,000 yen
(13)
The filing of a petition for the case set forth in Article 41 of the Act on Land and Building Leases or an application for intervention in the case set forth in the Article (limited to the case of intervention as the petitioner)
The amount calculated as specified in the following, on the basis of the amount equivalent to three-tenths of the value of the land on which a right of lease is established in the case that a judicial decision is sought under the provisions of Article 17, paragraph (2) of the Act on Land and Building Leases, or on the basis of the value of the land on which a right of lease is established in the case that any other judicial decision is sought, and according to the amount:
(i) the portion of the base amount up to one million yen:
400 yen per 100,000 yen of such portion of the amount.
(ii) the portion of the base amount in excess of one million yen, up to five million yen:
400 yen per 200,000 yen of the portion of the amount.
(iii) the portion of the base amount in excess of five million yen, up to ten million yen:
800 yen per 500,000 yen of the portion of the amount.
(iv) the portion of the base amount in excess of ten million yen, up to one billion yen:
1,200 yen per one million yen of the portion of the amount.
(v) the portion of the base amount in excess of one billion yen, up to five billion yen:
4,000 yen per five million yen of the portion of the amount.
(vi) the portion of the base amount in excess of five billion yen:
4,000 yen per ten million yen of the portion of the amount.
(13)-2
Amendment to a petition for a case set forth in Article 41 of the Act on Land and Building Leases
The amount obtained by deducting the amount of the fees for the petition prior to the amendment from the amount obtained by making the calculation for the petition after the amendment as specified in row (13)
(14)
The filing of a petition for conciliation under the Civil Conciliation Act or a petition for a labor dispute adjudication procedure under the Labor Tribunal Act
The amount obtained by making the calculation specified in the following, according to the value of the matter for which conciliation or labor dispute adjudication is sought:
(i) the portion up to one million yen of the value of the matter for which conciliation or labor dispute adjudication is sought:
500 yen per 100,000 yen of the portion of the value.
(ii) the portion of the value of the matter for which conciliation or labor dispute adjudication is sought, in excess of one million yen up to five million yen:
500 yen per 200,000 yen of the portion of the value.
(iii) the portion of the value of the matter for which conciliation or labor dispute adjudication is sought, in excess of five million yen up to ten million yen:
1,000 yen per 500,000 yen of the portion of the value.
(iv) the portion of the value of the matter for which conciliation or labor dispute adjudication is sought, in excess of ten million yen up to one billion yen:
1,200 yen per one million yen of the portion of the value.
(v) the portion of the value of the matter for which conciliation or labor dispute adjudication is sought, in excess of one billion yen up to five billion yen:
4,000 yen per five million yen of the portion of the value.
(vi) the portion of the value of the matter for which conciliation or labor dispute adjudication on labor dispute is sought, in excess of five billion yen:
4,000 yen per ten million yen of the portion of the value.
(14)-2
Amendment to a petition for conciliation under the Civil Conciliation Act or a petition for labor tribunal proceedings under the Labor Tribunal Act
The amount obtained by deducting the amount of the fees for the petition prior to the amendment from the amount obtained by making the calculation for the petition after the amendment as specified in row (14)
(15)
The filing of a petition for adjudication of any of the matters listed in appended table 1 of the Domestic Relations Case Procedure Act or an application for intervention under the provisions of the said Act (limited to the cases of intervention as the petitioner)
800 yen
(15)-2
The filing of adjudication of any of the matters listed in appended table 2 of the Domestic Relations Case Procedure Act, conciliation of a case prescribed in Article 244 of thesaid Act or a petition for the case seeking the return of child prescribed in Article32, paragraph(1) of the Act for Implementation of the Convention on the Civil Aspects of International Child Abduction, or an application for intervention under the provisions of these Acts (limited to the cases of intervention as the petitioner)
1,200 yen
(16)
(a) The filing of a petition under the provisions of Article 12, paragraph (2), Article 16, paragraph (3), Article 17, paragraphs (2) throughto (5), Article 19, paragraph (4), Article 20, Article 23, paragraph (5) or Article 35, paragraph (1) of the Arbitration Act, a petition for a judicial decision under the provisions of the Non-Contentious Case Procedure Act, a petition under the provisions of Article 10, paragraphs (1) throughto (4) of the Act on the Prevention of Spousal Violence and the Protection of Victims (Act No. 31 of 2001), a petition under the provisions of Article 122, paragraph(1) of the Act for Implementation of the Convention on the Civil Aspects of International Child Abduction, a petition under the provisions of Article 14 of the Act on Special Measures Concerning Civil Court Proceedings for the Collective Redress for Property Damage Incurred by Consumers or any other petition for a judicial decision by the court, all of which will lead to the commencement of fundamental proceedings (excluding a petition to be filed under the provisions of Article 9, paragraph (1) or paragraph (3) or Article 10, paragraph (2) and petitions listed in other rows of this table)
1,000 yen
(b) The application for intervention (excluding intervention set forth in row(13)) under the provisions of Non-Contentious Case Procedures Act (limited to the cases of intervention as the petitioner)
(16)-2
the Filing of Proofs of Claims set forth in Article30, paragraph(2) of the Act on Special Measures Concerning Civil Court Proceedings for the Collective Redress for Property Damage Incurred by Consumers
1,000 yen per claim
(17)
(a) The filing of a petition for appointment of a special agent, a petition for permission to appoint a person who is not an attorney-at-law as an agent for a suit, a petition for challenge, a petition for assumption of a suit, a petition for an order to limit the persons who may make a request for inspection, etc. of a part of a case record in which a relevant secret is stated or recorded to the parties, a petition for revocation of such an order, the filing of an objection to a disposition by a court clerk, a petition for a disposition of a collection of evidence prior to the filing of an action, a petition for preservation of evidence prior to the filing of an action, an objection to a judicial decision by an authorized judge or commissioned judge, an objection to a final judgment in an action on bills and notes or an action on checks, or an objection to a final judgment in an action on a small claim under the provisions of the Code of Civil Procedure, or a petition for a judicial decision to order a stay, the commencement, or a continuation of compulsory execution or order a revocation of a disposition of execution, which is to be filed under the provisions of thesaid Code
500 yen
(b) The filing of a petition for challenge, a petition for appointment of a special agent, a petition for permission to appoint a person who is not an attorney-at-law as a counsel, the filing of an objection to a disposition by a court clerk, a petition for a judicial decision to order a stay, the commencement, or a continuation of compulsory execution or order a revocation of a disposition of execution, which is to be filed under the provisions of the Non-Contentious Case Procedures Act or the Act for Implementation of the Convention on the Civil Aspects of International Child Abduction, a petition for an objection to a judicial decision by an authorized judge or commissioned judge under the provisions of these Acts
(c) The filing of a petition for challenge, a petition for appointment of a special agent, a petition for permission to appoint a person who is not an attorney-at-law as a counsel or the filing of an objection to a disposition by a court clerk under the provisions of the Domestic Relations Case Procedure Act, a petition for a judicial decision to order a stay, the commencement, or a continuation of compulsory execution or order a revocation of a disposition of execution, a petition for an objection to a judicial decision by an authorized judge or commissioned judge, a petition for revocation of a disposition of administration of the property, a petition for revocation of a disposition regarding administration of the property of absentee, a petition for revocation of a disposition regarding the administration of an estate or a petition for a ruling to order the performance of an obligation under the provisions of thesaid Act.
(b) The filing of an objection to a disposition of execution by the executing court, a petition seeking permission for the appointment of an agent set forth in Article 13, paragraph (1) of the Civil Execution Act, an objection to a disposition concerning a petition for a grant of a certificate of execution, a petition for a judicial decision ordering a stay or a continuation of a compulsory execution or ordering a revocation of a disposition of execution under the provisions of Article 36, paragraph (1) or paragraph (3) of thesaid Act, a petition for appointment of a special agent under the provisions of Article 41, paragraph (2) of thesaid Act, an objection to a disposition by a court clerk under the provisions of Article 47, paragraph (4) or Article 49, paragraph (5) of thesaid Act, a demand for liquidation distribution by the executing court, a petition for a temporary restraining order on a sale under the provisions of Article 55, paragraph (1) of thesaid Act or for a revocation or change of such an order under the provisions of paragraph (5) of thesaid Article, a petition for permission to pay rent on land, etc. in place of the obligor under the provisions of Article 56, paragraph (1) of thesaid Act, an objection to a disposition by a court clerk under the provisions of Article 62, paragraph (3) or Article 64, paragraph (6) of thesaid Act, a petition for a temporary restraining order for an obligee effecting a seizure who has made a purchase offer under the provisions of Article 68-2, paragraph (1) of thesaid Act, a petition for a temporary restraining order for the highest purchase price offeror or the purchaser under the provisions of Article 77, paragraph (1) of the said Act, an objection to a disposition by a court clerk under the provisions of Article 78, paragraph (6) of thesaid Act, a petition for an order to deliver real property under the provisions of Article 83, paragraph (1) of thesaid Act, a petition for an order to deliver the certificate of a vessel's nationality, etc. under the provisions of Article 115, paragraph (1) of thesaid Act, a petition for the rescission of a compulsory auction procedure under the provisions of Article 117, paragraph (1) of thesaid Act, a petition for permission for navigation of a vessel under the provisions of Article 118, paragraph (1) of thesaid Act, a petition for an order to deliver seized property under the provisions of Article 127, paragraph (1) of thesaid Act; an objection to a disposition of execution by a court clerk in the procedure of executing a claim relating to a small claim action, a demand on a court clerk for liquidation distribution during the process of executing a claim relating to a small claim action, a petition under the provisions of Article 167-15, paragraph (3) of thesaid Act, a petition under the provisions of Article 172, paragraph (2) of thesaid Act, a petition for a temporary restraining order prior to a commencement order for a secured real property auction under Article 187, paragraph (1) of thesaid Act or for revocation of such an order under the provisions of Article 187, paragraph (4), or a petition for permission to commence an auction of movables as set forth in Article 190, paragraph (2) of thesaid Act
(c) The filing, under the provisions of the Civil Preservation Act, of an objection to a temporary restraining order, a petition for revocation of a temporary restraining order, a petition for a judicial decision ordering a stay on the execution of a temporary restraining order or the revocation of a disposition of execution under the provisions of Article 27, paragraph (1) of thesaid Act, a petition for a judicial decision ordering a stay on the effect of an order revoking a temporary restraining order under the provisions of Article 42, paragraph (1) of thesaid Act, or an objection to a disposition of execution by the executing court of a temporary restraining order
(d) The filing of an application or petition for intervention (excluding intervention under the provisions of the Bankruptcy Act, the Civil Rehabilitation Act, the Corporate Reorganization Act (Act No. 154 of 2002), the Act on Special Measures, etc. for Reorganization Proceedings for Financial Institutions, etc. (Act No. 95 of 1996), the Act on Limitation of Shipowner Liability (Act No. 94 of 1975) or the Act on Liability for Oil Pollution Damage (Act No. 95 of 1975) and the intervention set forth in row (7), row (13), row(15), row(15)-2 or row(16))
(e) The filing of a petition for permission to extinguish a security interest under the provisions of Article 186, paragraph (1) of the Bankruptcy Act, a petition for permission to extinguish a right of retention under the Commercial Law under the provisions of Article 192, paragraph (3) of the Bankruptcy Act, a petition for a grant of discharge under the provisions of Article 248, paragraph (1) of thesaid Act or a petition for the restoration of rights under the provisions of Article 256, paragraph (1) of thesaid Act, a petition for permission to extinguish a security interest under the provisions of Article 148, paragraph (1) of the Civil Rehabilitation Act, a petition for revocation of an order for a stay of execution or a petition for the revocation of a provisional mandatory order or a provisional injunctive order under the provisions of the Administrative Case Litigation Act, a request under the provisions of Article 27-20 of the Labor Union Act (Act No. 174 of 1949), a petition under the provisions of Article 16, paragraph (3) or Article 17, paragraph (1) of the Act on the Prevention of Spousal Violence and the Protection of Victims, a petition for permission to appoint a person who is not an attorney-at-law as a counsel under the provisions of the proviso to Article 44, paragraph(1) of the Act on Land and Building Leases, a petition for permission to appoint a person who is not an attorney-at-law as an agent under the provisions of the proviso to Article 4, paragraph (1) of the Labor Tribunal Act, a petition for a judicial decision ordering a stay or a continuation of civil execution proceedings under the provisions of Article 7, paragraph (1) or paragraph (2) of the Act on Special Conciliation Proceedings for Expediting Adjustment of Specified Debts, etc., a petition under the provisions of Article 39, paragraph (1) of the Personal Status Litigation Act (Act No. 109 of 2003), a motion under the provisions of Article 105-4, paragraph (1) or Article 105-5, paragraph (1) of the Patent Act (Act No. 121 of 1959), a petition under the provisions of Article 114-6, paragraph (1) or Article 114-7, paragraph (1) of the Copyright Act (Act No. 48 of 1970), or a petition under the provisions of Article 10, paragraph (1) or Article 11, paragraph (1) of the Unfair Competition Prevention Act (Act No. 47 of 1993)
(f) The filing of an objection to a disposition of execution by a court execution officer and any delay or negligence thereof
(g) The filing of a petition pursuant to the provisions of the Rules of the Supreme Court specified by the Supreme Court as being similar to any of the petitions listed in (a) or (b)
(18)
The filing of an appeal or a petition for permission to appeal under the provisions of Article 337, paragraph (2) of the Code of Civil Procedure, Article77, paragraph(2) of the Non-Contentious Case Procedures Act, Article97, paragraph(2) of the Domestic Relations Case Procedure Act or Article111, paragraph(2) of the Act for Implementation of the Convention on the Civil Aspects of International Child Abduction
(i) An appeal against a judicial decision on any of the petitions listed in row (11)-2, row (15), row (15)-2 or row (16) (including such a judicial decision made by the court in charge of an appeal)
1.5 times the amount of the fee for each petition
(ii) An appeal of a judicial decision on a petition or application set forth in row (13) (excluding such a judicial decision dismissing the petition or application as unlawful without prejudice, and including a judicial decision made by the appellate court)
1.5 times the amount obtained by making the calculation specified in row (13)
(iii) An appeal pertaining to a temporary restraining order under the provisions of the Civil Preservation Act
1.5 times the amount of the fee for the petition set forth in row (11)-2(b)
(iv) Any appeal other than those listed in (i) through (iii)
1,000 yen
(19)
The filing of a petition for a retrial under the provisions of Article 349, paragraph (1) of the Code of Civil Procedure, Article83, paragraph(1) of the Non-Contentious Case Procedures Act, Article103, paragraph(1) of the Domestic Relations Case Procedure Act or Article119, paragraph(1) of the Act for Implementation of the Convention on the Civil Aspects of International Child Abduction, or a petition for modifying a final order under the provisions of Article117, paragraph(1) of said the relevant Act.
1,500 yen
The petitions listed in the left-hand column of each row of this table are toshall include petitions to which the applicable provisions of the listed petitions apply mutatis mutandis or to which the same rules as those prescribed in thesaid provisions are applied.
Appended Table 2 (Re: Article 7)
Row
Left-hand column
Right-hand column
(1)
Inspection, copying or reproduction of the records of the case (excluding those requested by the party, etc. while the case is pending)
150 yen per inspection/copying/reproduction
(2)
Issuance of an authenticated copy, transcript or extract of the records of the case
150 yen per page
(3)
Issuance of a certificate of the matters concerning the case
150 yen per issuance (in the case of a certificate proving that the content of a copy of the records of the case is identical to the content of the original (if the records of the case are prepared in the form of electronic or magnetic records, the document prepared by outputting, in the form of a document, the content of the information recorded in the electronic or magnetic records; the same applies hereinafter), 150 yen per 10 pages of the original)
(4)
Grant of a certificate of execution
300 yen per copy