Act on the Costs of Civil Proceedings（Act No. 40 of 1971）
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  • 令和3年6月21日
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Act on the Costs of Civil Proceedings
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 through 10)
Section 2 Costs Other Than Fees(Articles 11 through 13-2)
Section 3 Collection of Costs(Articles 14 through 17)
Chapter III Payments to Witnesses(Articles 18 through 28-2)
Chapter IV Miscellaneous Provisions(Articles 29 and 30)
Supplementary Provisions
Chapter I General Provisions
(Purpose)
Article 1In addition to provisions in other laws and regulations, the costs of civil litigation proceedings, civil execution proceedings, civil preservation proceedings, administrative case litigation proceedings, non-contentious case proceedings, domestic-relations adjudication proceedings, and other such court proceedings in civil cases, administrative cases, and domestic-relations cases (hereinafter referred to as "civil litigation, etc.") are governed by this Act.
(Scope and Amount of the Costs of Civil Litigation to Be Borne by Parties and Other Such Persons)
Article 2The scope of the costs of civil litigation, etc. that a party or interested person (meaning a party or a person with an interest in the case; the same applies hereinafter, except under items (iv) and (v)) or any other such person is required to bear pursuant to the provisions of the Code of Civil Procedure (Act No. 109 of 1996) and other laws and regulations concerning civil litigation, etc. are as set forth in the following items, and their amounts are as specified in each item:
(i)the fees under the provisions of the following Article:the amount of those fees (or the amount arrived at when the amount that is refunded pursuant to the provisions of Article 9, paragraph (3) or paragraph (5) is deducted, if applicable);
(ii)the costs referred to in Article 11, paragraph (1):the amount of those costs;
(iii)the fees and expenses under the provisions of the Court Execution Officers Act (Act No. 111 of 1966):the amount of those fees and expenses;
(iv)travel expenses, daily allowance, and lodging fees for a party or other such person (meaning a party or person with an interest in the case, a legal representative or other representative, or any other person equivalent thereto; hereinafter the same applies in this item and the following item) to appear on an oral argument date, a hearing date, or any other date set by the court (or, if two or more legal representatives not constituting persons with parental authority, two or more representatives of a corporation, or two or more persons equivalent to those persons appear, travel expenses, daily allowance, and lodging fees for whichever one of them the amount in question will be the lowest for): the amount of travel expenses, daily allowance, and lodging fees calculated as follows:
(a)travel expenses:
1.if the trip does not include 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 a territory other than Japan (including international waters); the same applies hereinafter), the amount of travel expenses is calculated based on the distance between the place where the principal building of the summary court that has jurisdiction over the locality of the general venue for the party or other such person is located and the place where the principal building of the summary court that has jurisdiction over the place where the party or other such person has appeared is located, using the amounts that the Supreme Court prescribes as the transportation expenses normally required to travel that distance (the amount of travel expenses is the amount that the Supreme Court prescribes, if the places in question are the same); provided, however, that the amount of transportation expenses actually paid is used as the amount of travel expenses if the party or other such person submits documents such as receipts, train tickets, or airline boarding pass stubs clearly indicating that travel took place by an ordinary route and by ordinary means and that the amount actually paid exceeds the amount that the Supreme Court prescribes;
2.if the trip includes travel between Japan and a foreign state, and travel took place by an ordinary route and by ordinary means, the amount of travel expenses is the transportation expenses actually paid (if travel did not take place by an ordinary route or by ordinary means, the amount of travel expenses is the amount calculated using the rules for the travel expenses paid to a witness);
(b)daily allowance:the amount calculated for the number of days actually required for the appearance and for travel for the appearance (limited to travel by an ordinary route and by ordinary means), using the amount that the Supreme Court prescribes; provided, however, that if travel did not take place by an ordinary route or by ordinary means, or if the trip included travel between Japan and a foreign state, the amount of daily allowance is the amount calculated using the rules for the daily allowances paid to a witness;
(c)lodging fees:the amount calculated for the number of nights that the party or other such person actually stayed at a lodging for the appearance and for travel for the appearance (limited to travel by an ordinary route and by ordinary means), using the amount that the Supreme Court prescribes for each separate region of lodging; provided, however, that if the travel did not take place by an ordinary route or by ordinary means, or if the trip included travel between Japan and a foreign state, the amount of lodging fees is the amount calculated using the rules for the lodging fees paid to a witness;
(v)the travel expenses, daily allowance, and lodging fees arising if an agent (other than a legal representative or special agent; the same applies hereinafter in this item) has appeared on a date provided in the preceding item (unless the agent appeared on a date for which the party or other such person was not subject to an order to appear or summons) (if two or more agents have appeared, the travel expenses, daily allowance, and lodging fees for whichever one of the agents has the lowest amount of these):the amounts calculated using the rules referred to in the preceding item; provided, however, that the amount in question may not exceed the amount that the court finds to be a reasonable amount for the travel expenses, daily allowance, and lodging fees arising if a party or other such person appears;
(vi)the expenses of preparing and submitting documents such as the complaint or other such petition, briefs, copies of documentary evidence, and translations (limited to documents used as materials in the relevant civil litigation, etc.):the amount that the Supreme Court prescribes, per case, as the amount of expenses normally required to prepare and submit documents, based on the type of case, the number of parties and interested persons, and the type and number of copies of documents (or, if the records of the case have been prepared as electric or magnetic records, the number of copies of documents there would be if the content of the data recorded in the relevant electric and magnetic records was output onto paper);
(vii)the expenses required for a person to be issued documents referred to in the preceding item by a government agency or other public body or by a notary:the amount arrived at when the amount that the Supreme Court prescribes, within the scope of double the minimum rate for one piece of first-class mail per instance of document issuance, is added to the amount of fees payable to the relevant government agency, public body, or notary;
(viii)the translation fee for a translation referred to in item (vi):the amount that the Supreme Court prescribes per page;
(ix)the expense of having sent a document or object (but only one that the court has examined) to the court:the actual cost of sending this by an ordinary method;
(x)the compensation and expenses paid to an attorney that a party or interested person has appointed if the court has ordered the appointment of an attorney pursuant to the provisions of a law or regulation concerning civil litigation, etc.; or the compensation and expenses paid to an attorney that a court has appointed pursuant to the provisions of a law or regulation:the amount that the court finds to be reasonable;
(xi)the registration and license tax paid for a court-commissioned registration:the amount of that registration and license tax;
(xii)the expenses required for a person to be issued an authenticated copy of a title of obligation, to be granted a certificate of execution, or to be issued documents that are required to be served pursuant to the provisions of Article 29 of the Civil Execution Act (Act No. 4 of 1979), in order for the person to file a petition for compulsory execution or make a demand for liquidation distribution:the amount arrived at when the amount that the Supreme Court prescribes, within the scope of double the minimum rate for one piece of first-class mail plus the rate for registered mail per instance of document issuance or certificate granting, is added to the amount of fees payable to the court, government agency, or notary;
(xiii)the expenses required for a notary to serve a document 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 for a person to be issued a document that has been prepared by a government agency or any other such person, and that a person is required to submit to a government agency other than the court, or to a notary, in order to be issued a document or granted a certificate referred to in item (xii) or in order to file a petition for the service referred to in the preceding item:the amount of expenses calculated using the rules referred to in item (vii);
(xv)the compensation and expenses received by an administrator or trustee that the court has appointed pursuant to a law or regulation concerning compulsory execution, the execution of provisional attachments, or the enforcement of security rights (including auctions based on the rules for this), other than those that the court pays:the amount that the court establishes pursuant to the provisions of the relevant law or regulation;
(xvi)the rent for a superficies right or right of lease that an obligee effecting an attachment has paid after obtaining the permission referred to in Article 56, paragraph (1) of the Civil Execution Act (including when this is applied mutatis mutandis or when the same rules apply):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 that paragraph;
(xviii)the expenses for giving notice, if the notice under the provisions of Article 385 of the Civil Code (Act No. 89 of 1896) (including as applied mutatis mutandis pursuant that Code and other laws and regulations) is given in writing:the amount that the Supreme Court prescribes within the scope of the minimum rate for one piece of first-class mail plus the rate for registered mail, per instance of 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 as set forth in the left-hand column of Appended Table 1, a person must pay a fee in the amount set forth in the right-hand column of that table for that category of filing.
(2)In a case set forth in one of the following items, the person that filed the petition set forth in that item (or, if applicable, the consumer holding a filed claim that has filed 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), in a case as set forth in the item (iii)) must pay a fee in the amount arrived at when the amount of the fee that the person has paid for the relevant petition is deducted from the amount of the fee payable for filing an action:
(i)if, 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), it is deemed that an action was filed at the time the person filed the petition for settlement or the petition for a court-issued demand for payment;
(ii)if, 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), it is deemed that an action was filed at the time of the filing of the petition for labor dispute adjudication proceedings;
(iii)if, 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, it is deemed that an action was filed at the time of the filing of proofs of claims;
(3)If a person files both a final appeal and a petition for acceptance of a final appeal against a single judgment and asserts the same interests in them, to the extent that the interests are the same, the fee that the person has paid for one of them is deemed to be a fee that the person has paid for the other as well. The same applies if a person files both an appeal under the provisions of Article 336, paragraph (1) of the Code of Civil Procedure (including when this is applied mutatis mutandis or when the same rules apply) and a petition for permission to appeal under the provisions of Article 337, paragraph (2) of that Code (including when this is applied mutatis mutandis or the when same rules apply) against a single ruling or order.
(4)If, pursuant to the provisions of the main clause of Article 248, paragraph (4) of the Bankruptcy Act (Act No. 75 of 2004), a person is deemed to have filed a petition for a grant of discharge at the time of filing a petition to commence bankruptcy proceedings, the person filing the petition to commence bankruptcy proceedings must also pay the fee for the petition for a grant of discharge.
(Value of the Subject Matter of a Suit)
Article 4(1)The provisions of Article 8, paragraph (1) and Article 9 of the Code of Civil Procedure are used to calculate the value of the subject matter of a suit which is used as the basis for calculating the amount of the fees in Appended Table 1.
(2)The value of the subject matter of a suit in an action involving a claim that is not a claim to a property right is deemed to be 1,600,000 yen. The same applies in an action involving a claim to a property right in which it is extremely difficult to calculate the value of the subject matter of suit.
(3)If a person uses a single action to assert a claim that is not a claim to a property right together with a claim to a property right that arises from a fact that is grounds for the first claim, the larger amount that constitutes the value of a subject matter of the suit is used as the value of the subject matter of that suit.
(4)The provisions of paragraph (1) apply mutatis mutandis to the value that is used as the basis for calculating the amount of the fee referred to 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 calculating the amount of a fee referred to in row (13) or (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 calculating the amount of a fee referred to in row (14) or (14)-2 of Appended Table 1.
(7)The value referred to in the preceding paragraph is deemed to be 1,600,000 yen if it is impossible or extremely difficult to calculate this.
(Cases in Which a Person Is Deemed to Have Paid Fees)
Article 5(1)A person is deemed to have paid an amount equivalent to the fee the person paid for filing the previous action or the petition for conciliation as the fee for filing an action as referred to in Article 355, paragraph (2) of the Code of Civil Procedure (including as applied mutatis mutandis pursuant to Article 367, paragraph (2) of that 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 (Act No. 158 of 1999); including as applied mutatis mutandis pursuant to Article 19 of that Act); 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 that Act); or Article 280, paragraph (5) or Article 286, paragraph (6) of that Act.
(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 that Act); Article 18, paragraph (1) of that Act; Article 19, paragraph (1) of that Act (including as applied mutatis mutandis pursuant to paragraph (7) of that Article); or Article 20, paragraph (1) of that Act (including as applied mutatis mutandis pursuant to paragraph (5) of that Article); or under Article 5, paragraph (1) of the Act on Special Measures concerning Land and Building Leases in Affected Areas by Large Scale Disasters (Act No. 61 of 2013) (including as applied mutatis mutandis pursuant to paragraph (4) of that Article), that a conciliation petitioner files in connection with a claim that was the subject of conciliation once the conciliation case has ended pursuant to the provisions of Article 14 of the Civil Conciliation Act (including as applied mutatis mutandis pursuant to Article 15) or once an order in lieu of conciliation ceases to be effective pursuant to the provisions of Article 18, paragraph (4) of the relevant Act, and within two weeks from the day on which the petitioner received notice of this.
(Filing Petitions Without Paying Fees)
Article 6The filing of a petition for which a person must pay a fee but for which a fee is not paid is unlawful.
(Fees for Inspecting and Copying Records Retained by the Court Clerk)
Article 7The fees for the items set forth in the left-hand column of Appended Table 2 are the amounts set forth in the right-hand column that table.
(Method of Payment)
Article 8A person must pay a fee by affixing revenue stamps to the complaint or other such written petition or to a written statement in which the object of the petition is stated; provided, however, that if provided by the Rules of the Supreme Court, a person may pay a fee in cash, pursuant to the Rules of the Supreme Court.
(Return of Overpaid Fees)
Article 9(1)If a fee has been overpaid, the court, upon petition, must refund an amount equivalent to the overpaid fee, by a ruling.
(2)Notwithstanding the provisions of the preceding paragraph, if the fee to petition for a court-issued demand for payment or a disposition of attachment has been overpaid, or if the fee for an item that is set forth in the left-hand column of Appended Table 2 has been overpaid, the court clerk will make a refund, upon petition.
(3)If the grounds provided in one of the following items arise for the petition set forth in that item, the court, upon petition and through a ruling, must refund money in the amount arrived at when half the amount of the fee that a person is required to pay (excluding the amount that a person is deemed to have paid pursuant to the provisions of Article 5; for fees associated with one of multiple claims subject to the totaling prescribed in Article 9, paragraph (1) of the Code of Civil Procedure, the amount of the fee that a person is required to pay means the amount of the fee prorated to the value of each claim) (or 4,000 yen, if half of the amount of the fee that a person is required to pay is less than 4,000 yen) is deducted from the amount of the fee that has been paid (excluding the amount that a person is deemed to have paid pursuant to the provisions of Article 5):
(i)the filing of an action or appeal or the filing of an application for intervention under the provisions of Article 47, paragraph (1) or Article 52, paragraph (1) of the Code of Civil Procedure or based on the rules referred to in those provisions:a judicial decision dismissing the petition without prejudice without oral argument has become final and binding, or the petition has been withdrawn before the closing of the first date for oral argument;
(ii)the filing of a petition for conciliation under the Civil Conciliation Act:a judicial decision dismissing the petition without prejudice has become final and binding, or the petition has been withdrawn before 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:a judicial decision dismissing the petition without prejudice has become final and binding, or the petition has been withdrawn before the closing of the first date for labor dispute adjudication proceedings;
(iv)the filing of a petition in 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 that Article); hereinafter the same applies in this item), the filing of 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 the filing of an appeal against a judicial decision on such petition or application (excluding an appeal as set forth in the following item):a judicial decision dismissing the petition without prejudice has become final and binding, or the petition has been withdrawn prior to the closing of the first hearing date;
(v)the filing of a final appeal or a petition for acceptance of a final appeal, the filing of a 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 on a petition or application referred to in the preceding item, the filing of a special appeal under the provisions of Article 75, paragraph (1), or the filing of a petition for permission to appeal under the provisions of Article 77, paragraph (2) of that Act:a judicial decision dismissing the petition without prejudice in the court of prior instance (or in the court with which the permission to appeal was filed, if applicable; hereinafter the same applies in this item) has become final and binding, or the petition has been withdrawn before the court of prior instance sends the case to the final appellate court or the court in charge of the appeal.
(4)If the grounds provided in one of the items of the preceding paragraph arise in connection with a part of multiple claims, and all or part of the fee that the person has already paid has also been paid in connection with another claim that is still pending, the provisions of the preceding paragraph do not apply to any fee paid in connection with such pending claim. If the grounds specified in item (v) of that paragraph arise for a petition as set forth in that item, and all or part of the fee that the person has already paid has also been paid for another petition as set forth in that item that is still pending, the provisions of the preceding paragraph do not apply to any fee paid in connection with such pending petition.
(5)If a petition for a court-issued demand for payment has been withdrawn before a disposition dismissing it 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 a case as prescribed in the first sentence of the preceding paragraph, this does not apply to any fee paid in connection with a pending claim.
(6)If two or more petitioners have filed a petition associated with a single fee, each of those petitioners may individually file a petition referred to in paragraph (1) through paragraph (3) or the preceding paragraph.
(7)A person must file a petition referred to in paragraph (1) through paragraph (3) or paragraph (5) within five years from the day on which the grounds enabling the person filing the petition arises.
(8)Within an inalterable period of one week from the day on which a person is notified of the disposition that a court clerk has taken regarding a petition referred to in paragraph (2) or paragraph (5), a person may file an objection with the court to which the court clerk belongs.
(9)Unless it is contrary to the nature thereof, the provisions of Part II of the Non-Contentious Case Procedure Act (excluding the provisions of Article 27 and Article 40 of that Act) apply mutatis mutandis to a petition referred to in paragraph (1) through (3) or paragraph (5), a judicial decision or disposition of the court clerk on such petition, an objection under the provisions of the preceding paragraph, or a judicial decision on such objection.
(Certifying the Re-Use of Revenue Stamps)
Article 10(1)If a petition referred to in paragraph (1) through (3) or paragraph (5) of the preceding Article contains a request to reuse revenue stamps supplied pursuant to the provisions of Article 8 to pay another fee at the relevant court, it is permissible, in lieu of using money for the refund, to deliver revenue stamps equivalent to the amount required to be refunded, along with the certification of the court clerk indicating that it is permissible to reuse the stamps for up to one year after the date of the refund.
(2)If a person to whom revenue stamps accompanied by a certification referred to in the preceding paragraph have been delivered submits those stamps and files a petition seeking a refund of an equivalent amount of money within the period under the certification referred to in that paragraph, the court referred to in that paragraph must refund an amount of money equivalent to that of those revenue stamps, through a ruling.
(3)The provisions of paragraph (9) of the preceding Article apply mutatis mutandis to a ruling referred to in the preceding paragraph.
Section 2 Costs Other Than Fees
(Obligation to Pay)
Article 11(1)A party or interested person is to pay the following amounts as costs:
(i)the amount equivalent to the payments established in the following Chapter that are necessary in order for the court to conduct the examination of evidence, serve documents, or conduct any other procedural acts in civil litigation, etc., and any other such payments; and
(ii)any necessary travel expenses and lodging fees for a judge and a court clerk to conduct an examination of evidence, a fact-finding examination in a non-conciliation civil case or in an administrative case, or any other such act out of court, in an amount equivalent to those calculated using the rules for witnesses.
(2)Unless otherwise provided in other laws or regulations, the party or interested person that is required to pay the costs referred to in the preceding paragraph is the petitioner, for costs involved in an action that the court takes upon petition, or the person designated by the court, for costs involved in an action the court takes by its own authority.
(Obligation to Prepay)
Article 12(1)Unless otherwise provided in other laws and except in a case specified by the Supreme Court, the court must cause a party or interested person to prepay the estimated amount of costs for an action requiring the costs referred to in paragraph (1) of the preceding Article.
(2)If the court has ordered a person to make a prepayment pursuant to the provisions of the preceding paragraph and that prepayment is not made, the court may decide not to take the action that requires the relevant costs.
(Prepayment by Postage Stamps)
Article 13The court may allow a person to make a prepayment using postage stamps or any similar vouchers that the Supreme Court prescribes (hereinafter referred to as "postage stamps, etc."), in lieu of money, but only for costs to cover postal charges or to cover 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 that Article or by a specified correspondence delivery operator prescribed in paragraph (9) of that Article.
(Special Provisions for Costs Involved in Procedures by a Court Clerk)
Article 13-2To apply the provisions of Article 11, paragraph (2) and the preceding two Articles to the costs of any of the following procedures that a court clerk carries out, the term "court" as used in those provisions is deemed to be replaced with "court clerk":
(i)formal demand procedures;
(ii)procedures for establishing the amount of court costs, settlement costs, or costs of procedures in a non-contentious case (this includes a case to which the provisions of the Non-Contentious Case Procedures Act apply mutatis mutandis pursuant to the provisions of another law or regulation), a domestic relations case, or a case involving the return of a child as provided in Article 29 of the Act for Implementation of the Convention on the Civil Aspects of International Child Abduction (Act No.48 of 2013) that a person is to bear;
(iii)procedures for establishing 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;
(iv)procedures 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 of Costs from Person Ordered to Bear Them by Judicial Decision)
Article 14It is permissible to collect costs referred to in Article 11, paragraph (1) for which no prepayment has been made from the person that it is established will bear them by a judicial decision, judicial settlement, conciliation, or labor tribunal decision or from the person that is required to bear them pursuant to the provisions of laws and regulations concerning civil litigation, etc..
(Collection of Costs If No Prepayment Has Been Made)
Article 15(1)It is permissible to conduct a compulsory execution in accordance with the provisions of the Civil Execution Act and other laws and regulations concerning compulsory execution procedures to collect the costs referred to in the preceding Article; compulsory execution may be conducted upon the ruling of the court where the record exists, if costs are being collected from the person that is required to pay the costs pursuant to the provisions of Article 11, paragraph (2), and it may be conducted upon the ruling of the court of first instance, if costs are being collected from any other person. Such a ruling has the same effect as an enforceable title of obligation.
(2)The provisions of Article 9, paragraph (9) apply mutatis mutandis to a ruling as set forth in the preceding paragraph.
(Collection of Costs for Whose Payment a Person Has Been Granted a Grace Period as a Form of Legal Aid)
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 has the same effect as an enforceable title of obligation as it concerns 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 whose payment a person has been granted a grace period as a form of aid received 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 lodging fees; 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 a legitimate reason.
(2)An expert witness or an interpreter may request a fee for expert testimony or for interpretation, and may be paid or reimbursed for the expenses needed to give expert testimony or interpret.
(3)If a witness, expert witness, or interpreter has been paid in advance for travel expenses, a daily allowance, lodging fees, or expenses referred to in the preceding paragraph, and that person fails to appear or refuses to swear under oath, testify, give expert testimony, or interpret, without a legitimate reason, the person must return the amount of money they were paid.
(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 as applied mutatis mutandis or when the same rules apply) or Article 42-32, paragraph (2) of the Act on the Settlement of Environmental Pollution Disputes (Act No. 108 of 1970), a witness who has undergone an interrogation under the provisions of Article 187, paragraph (1) of the Code of Civil Procedure (including as applied mutatis mutandis or when the same rules apply), or a person summoned by the court to appear on a date for a fact-finding examination may request travel expenses, a daily allowance, and lodging fees.
(Payment of Compensation for a Commissioned Examination)
Article 20(1)If a person has commissioned an examination, requested a report, or commissioned expert testimony or a statement of opinion based on expert knowledge and experience pursuant to the provisions of laws and regulations concerning civil litigation, etc., compensation and necessary expenses are paid upon request. Unless otherwise provided in other laws and regulations, the same applies if a person appoints a custodian, administrator, or appraiser or orders a realization of property or any other such act pursuant to the provisions of laws and regulations concerning civil litigation, etc..
(2)If a person commissions the sending of a document 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 that Code), the expenses necessary to prepare a copy of that document are paid upon request.
(3)The provisions of Article 18, paragraph (3) apply mutatis mutandis to the expenses set forth in the preceding two paragraphs.
(Types and Amounts of Travel Expenses)
Article 21(1)Travel expenses are of four types: railway fare, boat fare, a fee for distance covered, and airfare; railway fare is paid for travel by land between points where railway service is available, boat fare is paid for travel by water between points where boat service is available, the fee for distance covered is paid for travel by land between points where railway service is unavailable or for travel by water between points where boat service is unavailable, and airfare is paid for travel by air when there are special circumstances requiring a person to use an airplane.
(2)Railway fare and boat fare are calculated based on the passenger fare (inclusive of any lighterage or pierage; if a person travels by a train track or vessel for which there are fare classes, this means the fare for whichever class the court finds to be reasonable up to the mid-level fare class in a three-fare-class classification scheme, or the fare for whichever class the court finds to be reasonable in a two-fare-class classification scheme), express charge (or a limited express charge, for travel of 100 kilometers or more one way on a segment with a train track on which a limited express train runs; or an ordinary express charge or semi-express charge for travel of 50 kilometers or more one way on a segment with a train track on which an ordinary express train or semi-express train runs), special compartment charges or special cabin charges that the court finds to be reasonable to pay, and seat reservation charges (but only for travel of 100 kilometers or more one way on a segment with a train track on which an ordinary express train requiring a seat reservation charge runs, or if the person travels on a segment with a water route on which a vessel requiring a seat reservation charge runs), for the distance covered in a segment of travel; the fee for distance covered is calculated based on the amount that the court establishes within the scope of the amount that the Supreme Court prescribes; and airfare is calculated based on the passenger fare that the person has actually paid.
(Basis for Payment and Amount of Daily Allowance)
Article 22(1)A daily allowance is paid according to the number of days needed for an appearance or examination and for travel for an appearance or examination (hereinafter referred to as an "appearance or examination and travel").
(2)The amount of a daily allowance is that amount established by the court, within the scope of the amount that the Supreme Court prescribes.
(Basis for Payment and Amount of Lodging Fees)
Article 23(1)Lodging fees are paid according to the number of nights needed for an appearance or examination and travel.
(2)The amount of lodging fees is that amount established by the court, within the scope of the amount that the Supreme Court prescribes for each separate region of lodging.
(Amount of Travel Expenses for Travel Between Japan and a Foreign State)
Article 24The amount of travel expenses, daily allowance, and lodging fees for travel between Japan and a foreign state is based on what the court finds to be reasonable in consideration of the basis for payment prescribed in the preceding three Articles.
(Calculation of Travel Expenses)
Article 25The number of days of travel that is used to calculate travel expenses (excluding airfare), daily allowance, and lodging fees is calculated as it would be if the person traveled by the most economical ordinary route and means; provided, however, that if it is difficult to travel by the most economical ordinary route and means due to a natural disaster or other compelling circumstances, this is calculated based the route actually taken and means actually used.
(Amount of Expert Testimony Fees)
Article 26The amount of a fee for expert testimony, fee for interpretation, compensation, or expense that must be paid pursuant to the provisions of Article 18, paragraph (2) or Article 20, paragraph (1) or paragraph (2) is based on what the court finds to be reasonable.
(Time Limit for Requests)
Article 27The travel expenses, daily allowance, lodging fees, fees for expert testimony, and other such payments that this Chapter prescribes are not issued if the case ends in a judgment and a person does not request them by the day the judgment is reached, nor are they issued if a case ends other than in a judgment and a person does not request them by the day that falls two months after the date on which the case ended; provided, however, that these are issued if the person was unable to request them by that deadline due to compelling circumstances, but only if the person requests them within two weeks from the day on which those circumstances ceased to exist.
(Authority of a Judge)
Article 28If an authorized judge, commissioned judge, or any other such judge examines a witness or conducts other such proceedings, the judge in question determines the things that the court is required to determine with regard to payments under the provisions of this Chapter; provided, however, that this does not apply if the judge finds it to be inappropriate for the judge to be the one to determine them.
(Request for Deposit Expenses by a Third Person Obligor)
Article 28-2(1)A third person obligor that 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 Procedural Coordination Between Measures to Collect Arrears and Compulsory Execution Procedures (Act No. 94 of 1957) (including as applied mutatis mutandis or when the same rules apply) may request the expenses set forth in the following items, in the amount specified in each item:
(i)the travel expenses, daily allowance, and lodging fees required to make the deposit:the amount calculated using the rules referred to in Article 2, items (iv) and (v);
(ii)if the person can make the deposit without appearing at an official depository, the expenses for submitting the document required for the deposit and the deposit money, and the expenses required to be issued an authenticated copy of the deposit receipt:the amount calculated using the rules referred to in Article 2, item (xviii), per instance of submission or issuance;
(iii)the expenses for preparing the documents required for the deposit and documents for filing notification of the circumstances of the deposit:the amount that the Supreme Court prescribes, per deposit or per filing of a notification of those circumstances;
(iv)the expenses for submitting the documents for filing a notification of the circumstances of the deposit:the amount calculated using the rules referred to in Article 2, item (xviii), per instance of submission;
(v)the expenses required for the person to be issued a document required for the deposit that is prepared by a government agency or any other public body:the amount calculated using the rules referred to in Article 2, item (vii), per instance of issuance.
(2)Notwithstanding the provisions of Article 27, the expenses referred to in the preceding paragraph are not paid if the person does not request them by the time the person files the notification of the circumstances of the deposit.
(3)The expenses referred to in paragraph (1) are paid from the deposit money.
(Request for the Compensation Required to Provide Information Concerning Obligor Assets)
Article 28-3A person that has provided the information that the person was ordered to provide in a decision upholding a petition referred to in Article 207, paragraph (1) or (2) of the Civil Execution Act may request compensation and necessary expenses; the amount of this is governed by the rules that the Supreme Court prescribes.
Chapter IV Miscellaneous Provisions
(Management of Postage Stamps)
Article 29(1)The administrative functions involving the management of postage stamps, etc., a person has been allowed to use to make a prepayment pursuant to the provisions of Article 13 are handled by the court clerk whom the Supreme Court designates.
(2)The liability of the court clerk referred to in the preceding paragraph is based on the rules on the liability of goods management personnel as prescribed in the State-Owned Goods Management Act (Act No. 113 of 1956).
(3)In addition to what is provided in the preceding two paragraphs, the Supreme Court prescribes the necessary particulars regarding the management of postage stamps, etc., referred to in paragraph (1).
(Rules of the Supreme Court)
Article 30In addition to what is provided in this Act, the Supreme Court prescribes the necessary particulars concerning the implementation of court payments to witnesses and other persons in civil litigation, etc. and concerning the entry into force of this Act.
Appended Table 1 (Re: Articles 3 and 4)
Row
Left column
Right column
(1)
The filing of an action (excluding a counterclaim)
The amount arrived at when calculations are made based on the following, in keeping with the value of the subject matter of the suit:
(i) the part of the value of the subject matter of the suit up to one million yen:
1,000 yen per 100,000 yen of that part of its value.
(ii) any part 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 that part of its value.
(iii) any part 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 that part of its value.
(iv) any part 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 that part of its value.
(v) any part 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 that part of its value.
(vi) any part of the value of the subject matter of the suit in excess of five billion yen:
10,000 yen per ten million yen of that part of its value.
(2)
The filing of an appeal (other than one set forth in row (4))
1.5 times the amount arrived at when calculations are made pursuant to row (1)
(3)
The filing of a final appeal or a petition for acceptance of a final appeal (other than one set forth in row (4))
Double the amount arrived at when calculations are made pursuant to 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 in which the court did not reach a determination on a claim
Half the amount arrived at when calculations are made pursuant to row (2) or row (3)
(5)
Amendment of a claim
The amount arrived at when the amount of the fees for the claim before its amendment is deducted from the amount arrived at when calculations are made pursuant to row (1) (or row (2) for the amendment of a claim in the second instance in connection with a judgment in which the court reached a determination on the claim) for the amended claim
(6)
The filing of a counterclaim
The amount arrived at when calculations are made pursuant to row (1) (or row (2), for the filing of the counterclaim in the second instance in connection with a judgment in which the court reached a determination on the claim); provided, however, that for a counterclaim whose subject matter is the same as that of the principal action, this means the amount so calculated, less the amount arrived at when calculations are made pursuant to row (1) (or row (2), for the filing of a counterclaim in the second instance in connection with a judgment in which the court reached a determination on the claim) for the value of the subject matter of the suit in the principal action.
(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 arrived at when calculations are made pursuant to row (1) (or row (2) or row (3), for intervention in the second instance or in the final appellate instance in connection with a judgment in which the court reached a determination on the claim; or row (2), for intervention in the final appellate instance in connection with a judgment in the second instance in which the court did not reach a determination on a claim on which the court reached a determination 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 for a court-issued demand for payment
Half the amount arrived at when calculations are made pursuant to row (1) in keeping with 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 enforce 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 applied mutatis mutandis or when the same rules apply)) 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) Article 173, paragraph (1) or Article 174, paragraph (2) of the Civil Execution Act or a petition for implementation of asset discovery procedures as referred to in Article 197, paragraph (1) or paragraph (2) of that Act
2,000 yen
(b) the filing of a petition for a provisional remedy 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 concerning registration
(12)
The filing of a petition to commence bankruptcy proceedings (limited to one filed by a creditor), a petition to commence reorganization proceedings, a petition to commence special liquidation, a petition to commence foreign insolvency proceedings, a petition to commence proceedings for limitation of shipowners' liability, a petition to expand 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 to commence rehabilitation proceedings
10,000 yen
(13)
The filing of a petition for a case referred to in Article 41 of the Land and Building Lease Act or an application for intervention in a case referred to in that Article (but only if the person would intervene as a petitioner)
The amount arrived at when calculations are made pursuant to 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, if the person seeks a judicial decision under the provisions of Article 17, paragraph (2) of the Land and Building Lease Act, or on the basis of the value of the land on which a right of lease is established, if the person seeks any other judicial decision, and in keeping with that amount:
(i) the part of the amount used as the basis for calculation up to one million yen:
400 yen per 100,000 yen of that part of the amount.
(ii) any part of the amount used as the basis for the calculation in excess of one million yen, up to five million yen:
400 yen per 200,000 yen of that part of the amount.
(iii) any part of the amount used as the basis for the calculation in excess of five million yen, up to ten million yen:
800 yen per 500,000 yen of that part of the amount.
(iv) any part of the amount used as the basis for the calculation in excess of ten million yen, up to one billion yen:
1,200 yen per one million yen of that part of the amount.
(v) any part of the amount used as the basis for the calculation in excess of one billion yen, up to five billion yen:
4,000 yen per five million yen of that part of the amount.
(vi) any part of the amount used as the basis for the calculation in excess of five billion yen:
4,000 yen per ten million yen of that part 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 arrived at when the amount of the fees for the petition before its amendment is deducted from the amount arrived at when the calculations are made pursuant to row (13) for the amended petition
(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 arrived at when calculations are made pursuant to the following, in line with the value of the matter for which conciliation or labor dispute adjudication is sought:
(i) the part of the value of the matter for which conciliation or labor dispute adjudication is sought, up to one million yen:
500 yen per 100,000 yen of that part of its value.
(ii) any part 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 that part of its value.
(iii) any part 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 that part of its value.
(iv) any part 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 that part of its value.
(v) any part 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 that part of its value.
(vi) any part 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 that part of its 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 arrived at when the amount of the fees for the petition prior to its amendment is deducted from the amount arrived at when calculations are made pursuant to in row (14) for the amended petition
(15)
The filing of a petition for adjudication of any of the matters set forth in appended table 1 of the Domestic Relations Case Procedure Act or an application for intervention under the provisions of that Act (but only if the person intervenes as a petitioner)
800 yen
(15)-2
The filing of a petition for the adjudication of any of the matters set forth in appended table 2 of the Domestic Relations Case Procedure Act, for the conciliation of a case prescribed in Article 244 of that Act, or in a case seeking the return of child prescribed in Article 32, paragraph (1) of the Act for Implementation of the Convention on the Civil Aspects of International Child Abduction, or the filing of an application for intervention under the provisions of those Acts (but only if the person intervenes as a 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) through (5), Article 19, paragraph (4), Article 20, Article 23, paragraph (5) or Article 35, paragraph (1) of the Arbitration Act, a petition under the provisions of Article 205, paragraph (1), Article 206, paragraph (1), Article 207, paragraph (1), or paragraph (2) of the Civil Execution 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) through (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 such petition for a judicial decision by the court, leading to the commencement of fundamental proceedings (excluding the filing of a petition under the provisions of Article 9, paragraph (1) or paragraph (3) or Article 10, paragraph (2) or a petition as set forth in any other row of this table)
1,000 yen
(b) The filing of an application for intervention (excluding intervention set forth in row (13)) under the provisions of Non-Contentious Case Procedures Act (but only if the person intervenes as a petitioner)
(16)-2
the filing of proofs of claims referred to in Article 30, 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 the 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 a 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 that Code
500 yen
(b) the filing of a petition for a challenge, a petition for the appointment of a special agent, a petition for permission to appoint a person who is not an attorney-at-law as counsel, the filing of an objection to a disposition by a court clerk, a petition seeking a judicial decision ordering a stay, the commencement, or a continuation of a compulsory execution or ordering the revocation of a disposition of execution, which is made 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, or a petition for an objection to a judicial decision by an authorized judge or commissioned judge under the provisions of those Acts
(c) the filing of a petition for a challenge, a petition for the appointment of a special agent, a petition for permission to appoint a person who is not an attorney-at-law as 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 ordering a stay, the commencement, or a continuation of compulsory execution or ordering the 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 the 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 the 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 the Domestic Relations Case Procedure 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 that Act, a petition for the appointment of a special agent under the provisions of Article 41, paragraph (2) of that Act, an objection to a disposition by a court clerk under the provisions of Article 47, paragraph (4) or Article 49, paragraph (5) of that 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 that Act or for the revocation or change of such an order under the provisions of paragraph (5) of that 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 that Act, an objection to a disposition by a court clerk under the provisions of Article 62, paragraph (3) or Article 64, paragraph (6) of that 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 that 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 that Act, an objection to a disposition by a court clerk under the provisions of Article 78, paragraph (6) of that Act, a petition for an order to deliver real property under the provisions of Article 83, paragraph (1) of that 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 that Act, a petition for the rescission of a compulsory auction procedure under the provisions of Article 117, paragraph (1) of that Act, a petition for permission for navigation of a vessel under the provisions of Article 118, paragraph (1) of that Act, a petition for an order to deliver seized property under the provisions of Article 127, paragraph (1) of that 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 and 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 that Act, a petition under the provisions of Article 172, paragraph (2) of that Act, a petition under the provisions of Article 175, paragraph (3) or (6) of that 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 that Act or for the 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 that 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 that 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 that 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 for Reorganization Proceedings for Financial Institutions (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 that Act or a petition for the restoration of rights under the provisions of Article 256, paragraph (1) of that 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 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, 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 that the Supreme Court prescribes as being similar to any of the petitions set forth 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, Article 77, paragraph (2) of the Non-Contentious Case Procedures Act, Article 97, paragraph (2) of the Domestic Relations Case Procedure Act or Article 111, 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 arrived at when calculations are made pursuant to 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, Article 83, paragraph(1) of the Non-Contentious Case Procedures Act, Article 103, paragraph (1) of the Domestic Relations Case Procedure Act or Article 119, 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 Article 117, paragraph (1) of that Act.
1,500 yen
The filing of a petition set forth in the left-hand column of each row of this table includes the filing of any petition to which the provisions for the filing of the petition in question apply mutatis mutandis and the filing of any petition based on the same rules.
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 particulars of the case
150 yen per issuance (for a certificate proving that the content of a copy of the records of the case is identical to the content of the original (or, if the records of the case are prepared in the form of electronic or magnetic records, to the content of the document that would exist if the content of the data recorded in the relevant electronic or magnetic record was output onto paper; the same applies hereinafter), 150 yen per 10 pages of the original)
(4)
Grant of a certificate of execution
300 yen per copy