Article 3-2(1)The courts have jurisdiction over an action that is brought against a person domiciled in Japan; against a person without a domicile, or of domicile unknown, whose residence is in Japan; and against a person without a residence, or of residence unknown, who was domiciled in Japan before the action was filed (unless the person has been domiciled in a foreign country after last being domiciled in Japan).

(2)Notwithstanding the provisions of the preceding paragraph, the courts have jurisdiction over an action that is brought against an ambassador, minister, or any other Japanese national in a foreign country who enjoys immunity from the jurisdiction of that country.

(3)The courts have jurisdiction over an action that is brought against a corporation or any other association or foundation whose principal office or business office is located in Japan, and against a corporation, association, or foundation without a business office or other office, or with a business office or other office of unknown location, whose representative or other person principally in charge of its business is domiciled in Japan.

Article 3-3An action stated in one of the following items may be filed with the Japanese courts in the case specified in that item:

Article 3-4(1)An action involving a contract concluded between a consumer (meaning an individual (except for an individual that becomes a party to a contract as a part of a business undertaking or for business purposes); the same applies below) and an enterprise (meaning a corporation or any other association or foundation or an individual that becomes a party to a contract as a part of a business undertaking or for business purposes; the same applies below) (this excludes a labor contract; referred to below as a "consumer contract"), which is brought by the consumer against the enterprise, may be filed with the Japanese courts if the consumer is domiciled in Japan at the time the action is filed or at the time the consumer contract is concluded.

(2)An action that an individual worker brings against an employer in connection with a dispute over a civil matter that arises between them over the existence or absence of a labor contract or any other matter that concerns their labor relationship (referred to below as a "civil dispute over an individual labor relationship") may be filed with the Japanese courts if the place for providing the labor under the labor contract subject to the dispute (or the locality of the place of business that hired the worker, if the place for providing the labor is not established) is within Japan.

(3)The provisions of the preceding Article do not apply to an action involving a consumer contract which is brought by an enterprise against a consumer, or an action involving a civil dispute over an individual labor relationship which is brought by an employer against a worker.

Article 3-5(1)Actions prescribed in Part VII, Chapter II of the Companies Act (excluding those prescribed in Sections 4 and 6 of that Chapter), actions prescribed in Chapter VI, Section 2 of the Act on General Incorporated Associations and General Incorporated Foundations (Act No. 48 of 2006), and other equivalent actions equivalent involving associations or foundations incorporated pursuant to Japanese laws and regulations other than those Acts, are under the exclusive jurisdiction of the Japanese courts.

(2)An action related to a registration is under the exclusive jurisdiction of the Japanese courts if the place where the registration is to be made is within Japan.

(3)An action about the existence or absence or the validity of an intellectual property right (meaning an intellectual property right as prescribed in Article 2, paragraph (2) of the Intellectual Property Basic Act (Act No. 122 of 2002)) that arises through a registration establishing that intellectual property right is under the exclusive jurisdiction of the Japanese courts if that registration was made in Japan.

Article 3-6If multiple claims are involved in a single action and the Japanese courts have jurisdiction over one of those claims and no jurisdiction over the others, the action may be filed with the Japanese courts only if the one claim is closely connected with the other claims; provided, however, that with regard to an action brought by multiple persons or an action brought against multiple persons, this applies only in the case specified in the first sentence of Article 38.

Article 3-7(1)Parties may establish, by agreement, the country in which they are permitted to file an action with the courts.

(2)An agreement as referred to in the preceding paragraph is not valid unless it is made regarding actions that are based on a specific legal relationship, and executed by means of a paper document.

(3)If electronic or magnetic records (meaning records used in computer data processing which are created in electronic form, magnetic form, or any other form that is otherwise impossible to perceive through the human senses alone; the same applies below) in which the content of an agreement as referred to in paragraph (1) is recorded are used to execute that agreement, the agreement is deemed to have been executed by means of a paper document and the provisions of the preceding paragraph apply.

(4)An agreement that an action may be filed only with the courts of a foreign country may not be invoked if those courts are unable to exercise jurisdiction by law or in fact.

(5)An agreement as referred to in paragraph (1) which covers consumer contract disputes that may arise in the future is valid only in the following cases:

(6)An agreement as referred to in paragraph (1) which covers civil disputes over individual labor relationships that may arise in the future is valid only in the following cases:

Article 3-8If the defendant presents an oral argument on the merits of the case or enters a statement in preparatory proceedings without entering the affirmative defense that the Japanese courts lack jurisdiction, the courts have jurisdiction.

Article 3-9Even when the Japanese courts have jurisdiction over an action (unless an action is filed based on an agreement that only permits an action to be filed with the Japanese courts), the court may deny the whole or part of an action if it finds that there are special circumstances because of which, if the Japanese courts were to conduct a trial and reach a judicial decision in the action, it would be inequitable to either party or prevent a fair and speedy trial, in consideration of the nature of the case, the degree of burden that the defendant would have to bear in responding to the action, the location of evidence, and other circumstances.

Article 3-10The provisions of Articles 3-2 through 3-4 and Articles 3-6 through the preceding Article do not apply if laws or regulations provide for the exclusive jurisdiction of the Japanese courts over the action in question.

Article 3-11A court may conduct an examination of the evidence sua sponte with regard to matters that concern the jurisdiction of the Japanese courts.

Article 3-12Whether the Japanese courts have jurisdiction is determined on the basis of the time at which an action is filed.

Article 4(1)An action is subject to the jurisdiction of the court of jurisdiction in the locality that constitutes the general venue for an action against the defendant.

(2)The general venue for an action against a natural person is determined by the person's domicile; by the person's residence, if the person is not domiciled in Japan or is of domicile unknown; or by the person's last domicile in Japan, if the person does not have a residence in Japan or is of residence unknown.

(3)If there is no general venue pursuant to the provisions of the preceding paragraph for an action against an ambassador, minister, or any other Japanese national in a foreign country who enjoys immunity from the jurisdiction of that country, the general venue for an action against that person is deemed to be the general venue in the locality specified by the Rules of the Supreme Court.

(4)The general venue for an action against a corporation or any other association or foundation is determined by the location of its principal office or business office; or by the domicile of its representative or any other principal person in charge of its business, if it has no business office or other office.

(5)Notwithstanding the provisions of the preceding paragraph, the general venue for an action against a foreign association or foundation is determined by the location of its principal office or business office in Japan; or by the domicile of its representative or any other principal person in charge of its business in Japan, if it has no business office or other office in Japan.

(6)The general venue for an action against the State is determined by the location of the government agency that represents the State in the litigation.

Article 5An action stated in one of the following items may be filed with the court of jurisdiction in the place specified in that item:

Article 6(1)In an action involving a patent right, utility model right, a layout-design exploitation right for an integrated circuit, or an author's right to a work of computer programming (referred to below as a "prescribed IP action"), if a court listed in the first portion of either of the following items would have jurisdiction pursuant to the provisions of the preceding two Articles, the action is under the exclusive jurisdiction of the court specified in the latter portion of that item:

(2)In a prescribed IP action, if a summary court located within the territorial jurisdiction of a court listed in the first portion of one of the items of the preceding paragraph would have jurisdiction pursuant to the provisions of the preceding two Articles, the action may also be filed with the court specified in the latter portion of that item.

(3)An appeal to the court of second instance against a final judgment that the court specified in paragraph (1), item (ii) has entered as the court of first instance in a prescribed IP action, is under the exclusive jurisdiction of the Tokyo High Court; provided, however, that this does not apply to an appeal to the court of second instance against a final judgment in an action if litigation has been transferred pursuant to the provisions of Article 20-2, paragraph (1).

Article 6-2With regard to an action involving design rights, trademark rights, author's rights (excluding author's rights to a work of computer programming), publishing rights, neighboring rights, or breeder's rights, or an action for infringement of a business interest due to unfair competition (meaning unfair competition as prescribed in Article 2, paragraph (1) of the Unfair Competition Prevention Act (Act No. 47 of 1993) or unfair competition as prescribed in Article 2, paragraph (3) of the Act for the Prevention of Unfair Competition Involving Genetic Resources from Livestock (Act No. 22 of 2020)), if a court listed in the first portion of either of the following items has jurisdiction pursuant to the provisions of Article 4 or Article 5, the action may also be filed with the court specified in the latter portion of that item:

Article 7If multiple claims are involved in a single action, the action may be filed with a court that, pursuant to the provisions of Article 4 through the preceding Article (excluding Article 6, paragraph (3)), has jurisdiction over one of those claims; provided, however, that with regard to an action brought by two or more persons or an action brought against two or more persons, this applies only in the case specified in the first sentence of Article 38.

Article 8(1)If jurisdiction is determined by the value of the subject matter of litigation pursuant to the Court Act (Act No. 59 of 1947), the value is calculated on the basis of the interest alleged in the action.

(2)If it is impossible or extremely difficult to calculate the value referred to in the preceding paragraph, the value is deemed to exceed 1,400,000 yen.

Article 9(1)If multiple claims are involved in a single action, the total value of the claims is the value of the subject matter of litigation; provided, however, that this does not apply to each claim if the interest alleged in the action is common to all claims.

(2)If a claim upon the fruits of something or a claim for damages, penalties, or expenses is an incidental subject matter of litigation, its value is not included in the calculation of the value of the subject matter of the litigation.

Article 10(1)If the court of jurisdiction is unable to exercise its jurisdiction by law or in fact, the immediate superior court issues a ruling designating the court of jurisdiction, upon petition.

(2)If the court of jurisdiction cannot be determined due to ill-defined territorial jurisdictions among the courts, the immediate superior court common to the relevant courts issues a ruling designating the court of jurisdiction, upon petition.

(3)No appeal may be entered against the ruling stated in the preceding two paragraphs.

Article 10-2With regard to an action over which the Japanese courts have jurisdiction pursuant to the provisions of the preceding Section, if the court of jurisdiction is not determined pursuant to other provisions of this Code or provisions of other laws and regulations, the action is under the jurisdiction of the court of jurisdiction in the locality specified by the Rules of the Supreme Court.

Article 11(1)The parties may determine the court of jurisdiction by agreement, but only in the first instance.

(2)An agreement as referred to in the preceding paragraph is not valid unless it is made regarding actions that are based on a specific legal relationship, and executed by means of a paper document.

(3)If electronic or magnetic records in which the content of an agreement as referred to in paragraph (1) is recorded are used to execute that agreement, the agreement is deemed to have been executed by means of a paper document and the provisions of the preceding paragraph apply.

Article 12If a defendant presents an oral argument on the merits of the case or enters a statement in preparatory proceedings before the court of first instance without entering a defense of lack of jurisdiction, that court has jurisdiction.

Article 13(1)The provisions of Article 4, paragraph (1); Article 5; Article 6, paragraph (2); Article 6-2; Article 7; and the preceding two Articles do not apply if exclusive jurisdiction over an action is provided for by law or regulation.

(2)Notwithstanding the provisions of the preceding paragraph, if a court provided for in the first part of either of the items of Article 6, paragraph (1) is to have jurisdiction pursuant to the provisions of Article 7 or the preceding two Articles over a prescribed IP action, that court has jurisdiction over the action, pursuant to the provisions of Article 7 or the preceding two Articles.

Article 14The court may conduct an examination of evidence sua sponte with regard to matters that concern jurisdiction.

Article 15Whether a court has jurisdiction is determined on the basis of the time at which an action is filed.

Article 16(1)If the court finds that the whole or part of litigation is not subject to its jurisdiction, it transfers the litigation sua sponte to the court of jurisdiction.

(2)Notwithstanding the provisions of the preceding paragraph, even if the litigation is subject to the jurisdiction of a summary court that is under its territorial jurisdiction, the district court, upon petition or sua sponte, may conduct the trial and reach a judicial decision itself for the whole or part of the litigation, if it finds this to be appropriate; provided, however, that this does not apply if the litigation is subject to the exclusive jurisdiction of such a summary court (excluding exclusive jurisdiction determined by an agreement between the parties pursuant to the provisions of Article 11).

Article 17Even if the litigation is subject to its jurisdiction, the court of first instance, upon petition or sua sponte, may transfer the whole or part of the litigation to another court of jurisdiction if it finds this to be necessary in order to avoid a substantial delay in litigation or to ensure equity between the parties, in consideration of the domicile of each party and witnesses to be examined, the location of any object to be inspected that is to be used, and any other circumstances.

Article 18Even if the litigation is subject to its jurisdiction, a summary court, upon petition or sua sponte, may transfer the whole or part of litigation to the district court of jurisdiction in that locality, if it finds this to be appropriate.

Article 19(1)If a party petitions and the adverse party consents, the court of first instance must transfer the whole or part of litigation to the district court or summary court under that petition, even if the litigation is subject to its jurisdiction; provided, however, that this does not apply if the transfer would substantially delay litigation proceedings or if the petition is filed after the defendant has presented an oral argument on the merits of the case or entered a statement in preparatory proceedings, and if the petition is not for a transfer from the summary court to the district court of jurisdiction in that locality.

(2)At the petition of the defendant in litigation involving real property that is under the jurisdiction of the summary court, the summary court must transfer the whole or part of litigation to the district court of jurisdiction in that locality; provided, however, that this does not apply if the defendant has presented an oral argument on the merits of the case before filing that petition.

Article 20(1)The provisions of the preceding three Articles do not apply if the litigation is subject to the exclusive jurisdiction of the court before which it is pending (except exclusive jurisdiction determined by an agreement between the parties pursuant to the provisions of Article 11).

(2)Notwithstanding the provisions of the preceding paragraph, if litigation in a prescribed IP action is to be transferred to a court specified in either item of Article 6, paragraph (1) pursuant to the provisions of Article 17 or paragraph (1) of the preceding Article, the provisions of Article 17 or paragraph (1) of the preceding Article apply.

Article 20-2(1)Even if the litigation in a prescribed IP action is under the exclusive jurisdiction of a court specified in either item of Article 6, paragraph (1) pursuant to the provisions of the same paragraph, the court, upon petition or sua sponte, may transfer the whole or part of litigation to the district court that has jurisdiction pursuant to the provisions of Article 4, 5, or 11 or the district court that must accept litigation transferred to it pursuant to the provisions of Article 19, paragraph (1), if the court finds this to be necessary in order to avoid substantial harm or delay due to its lack of ability to try a specialized and technical matter that is to be tried through the litigation, or due to other circumstances.

(2)At the filing an appeal to the court of second instance as mentioned in Article 6, paragraph (3), the Tokyo High Court, upon petition or sua sponte, may transfer the whole or part of litigation to the Osaka High Court, if it finds this to be necessary in order to avoid substantial harm or delay due to its lack of ability to try a specialized and technical matter that is to be tried by the court of second instance, or due to other circumstances.

Article 21An immediate appeal may be filed against a ruling to transfer litigation or a ruling to deny a petition for transfer.

Article 22(1)A judicial decision for a transfer which has become final and binding is binding on the court that has accepted the transferred case.

(2)The court that has accepted a transferred case may not further transfer the case to another court.

(3)Once a judicial decision for a transfer becomes final and binding, the litigation is deemed to have been pending before the court to which it has been transferred since it was first brought to the initial court.

Article 23(1)In the following cases, a judge is disqualified from performing the duties of a judge; provided, however, that in the case stated in item (vi), this does not preclude a judge from performing duties as a commissioned judge based on a commission from another court:

(2)If any of the grounds for disqualification prescribed in the preceding paragraph exist, the court, upon petition or sua sponte, reaches a judicial decision to disqualify.

Article 24(1)If there are circumstances involving a judge which could prejudice the impartiality of a judicial decision, a party may challenge that judge.

(2)Once a party has presented an oral argument or entered a statement in preparatory proceedings before a judge, the party may not challenge that judge; provided, however, that this does not apply if the party did not know of the existence of any grounds for challenge at that time or if the grounds for the challenge occur thereafter.

Article 25(1)The judicial decision on the disqualification of or challenge against a judge who is a member of a judicial panel or against a single district court judge is reached in the form of a ruling by the court to which the judge belongs, and the judicial decision on the disqualification of or challenge against a summary court judge is reached in the form of a ruling by the district court of jurisdiction in that locality.

(2)In the district court, the judicial decision referred to in the preceding paragraph is reached by a judicial panel.

(3)A judge may not be involved in a judicial decision on that judge's own disqualification or on a challenge against that judge.

(4)No appeal may be entered against a ruling finding grounds for disqualification or challenge.

(5)An immediate appeal may be filed against a ruling finding there to be no grounds for disqualification or challenge.

Article 26If a petition to disqualify or challenge is filed, litigation proceedings must be stayed until the ruling on the petition becomes final and binding; provided, however, that this does not apply with respect to any act requiring urgency.

Article 27The provisions of this Section apply mutatis mutandis to court clerks. This being the case, the judicial decision is reached by the court to which the court clerk belongs.

Article 28Except as otherwise provided for in this Code, capacity as a party, the capacity to sue or be sued, and the statutory representation of a person lacking the capacity to sue or be sued are governed by the Civil Code (Act No. 89 of 1896) and other laws and regulations. The same applies to the delegation of the powers necessary for performing procedural acts.

Article 29An association or foundation that is not a corporation and that has a designated representative or administrator may sue or be sued in the name of that representative or administrator.

Article 30(1)Persons with a common interest that do not fall under the provisions of the preceding Article may appoint one or more persons from among themselves to act as the plaintiff or defendant on behalf of all.

(2)If a person is appointed to act as the plaintiff or defendant pursuant to the provisions of the preceding paragraph after litigation has become pending before the court, any plaintiff other than a person selected to act as plaintiff or any defendant other than a person selected to act as defendant is automatically withdrawn from the litigation.

(3)A person that shares a common interest with the plaintiff or defendant in pending litigation but that is not a party to the litigation may appoint them to also act as the plaintiff or defendant on their behalf.

(4)A first person that has appointed a second person to act as plaintiff or defendant pursuant to the provisions of paragraph (1) or the preceding paragraph (the first person is referred to below as an "appointing party") may void their appointment or change the person they have appointed to act as a party to the case ( the second person is referred to below as a "appointed party").

(5)If an appointed party dies, or due to other reasons loses that status, another appointed party may perform procedural acts on behalf of all.

Article 31A minor or an adult ward may not perform any procedural act except through a legal representative; provided, however, that this does not apply if the minor may perform juridical acts independently.

Article 32(1)A person under curatorship, a person under assistantship (limited to a person that is required to obtain consent from the assistant to perform procedural acts; the same applies in the following paragraph and Article 40, paragraph (4)), or a guardian or other such legal representative is not required to obtain consent or a delegation of powers from the curator or curatorship supervisor, assistant or assistantship supervisor, or guardianship supervisor in order to perform a procedural act with regard to an action or appeal filed by an adverse party.

(2)A person under curatorship, a person under assistantship, or a guardian or other such legal representative must have a special delegation of powers in order to perform any of the following procedural acts:

Article 33Even if a foreign national does not have the capacity to sue or be sued pursuant to the laws of their home country, they are deemed to have the capacity to sue or be sued if they have that capacity pursuant to Japanese law.

Article 34(1)If a person lacks the capacity to sue or be sued, authority to act as a person legal representative, or delegation of powers that is necessary for performing a procedural act, the court must order this to be corrected within a specified time frame. In such a case, if there is a risk of damage arising from a delay, the court may have the person perform procedural acts on a temporary basis.

(2)A procedural act performed by a person without the capacity to sue or be sued, the authority to act as a person's legal representative, or the delegation of powers that is necessary for performing that procedural act, becomes valid retroactive to the time of the act through ratification by a party or legal representative that has come to satisfy these requirements.

(3)The provisions of the preceding two paragraphs apply mutatis mutandis if an appointed party performs procedural acts.

Article 35(1)If there is no legal representative or if a legal representative is unable to exercise the authority to act as a person's legal representative, a person seeking to perform a procedural act against a minor or adult ward may request the presiding judge of the court in charge of the case to appoint a special representative, by making a prima facie showing of the risk that the person will incur damage if there is a delay.

(2)The court may replace a special representative at any time.

(3)In order to perform procedural acts, a special representative must have the same delegation of powers as a guardian.

Article 36(1)The lapse of authority to act as a person's legal representative does not become valid until the principal or the agent notifies the adverse party of it.

(2)The provisions of the preceding paragraph apply mutatis mutandis to the voidance of a person's appointment as an appointed party or a change of appointed parties.

Article 37In this Code, the provisions concerning legal representatives and statutory representation apply mutatis mutandis to the representative of a corporation and to the representative or administrator of an association or foundation that is not a corporation but can sue or be sued in its own name.

Article 38If rights or obligations that are the subject matter of litigation are common to two or more persons or are based on the same factual or statutory causes, these persons may sue or be sued as co-litigants. The same applies if rights or obligations that are the subject matter of litigation are of the same kind and based on the same kind of factual or statutory causes.

Article 39A procedural act performed by one of the co-litigants, a procedural act performed against one of the co-litigants by the adverse party, and any matter arising with regard to one of the co-litigants does not affect any other co-litigant.

Article 40(1)If the subject matter of litigation is to be determined for all co-litigants only as a unified matter, procedural acts performed by one of them become valid only in the interests of all of the co-litigants.

(2)In a case prescribed in the preceding paragraph, procedural acts performed against one of the co-litigants by the adverse party are valid against all of them.

(3)In a case prescribed in paragraph (1), if there are grounds for a continuance or suspension of litigation proceedings with regard to one of the co-litigants, the continuance or suspension is valid against all of them.

(4)The provisions of Article 32, paragraph (1) apply mutatis mutandis, in the case prescribed in paragraph (1), to procedural acts that a co-litigant who is a person under curatorship or person under assistantship, or a guardian or other legal representative is required to perform in an appeal filed by one of the co-litigants.

Article 41(1)If a right that is the subject matter of litigation for one codefendant and a right that is the subject matter of litigation for another codefendant cannot legally coexist and the plaintiff requests it, the court must hear oral arguments and reach a judicial decision without instituting separate litigation.

(2)The plaintiff must make the request referred to in the preceding paragraph by the time of conclusion of oral arguments in the second instance.

(3)In a case as referred to in paragraph (1), if cases under appeal that each have a codefendant are pending separately before the same court of second instance, the court must hear oral arguments and reach a judicial decision after consolidating them.

Article 42A third party with an interest in the outcome of litigation may intervene in the litigation in order to assist either party.

Article 43(1)An application for supporting intervention must clarify the purpose and the grounds for the intervention, and must be filed with the court where procedural acts in that supporting intervention are required to be performed.

(2)An application for supporting intervention may be filed in conjunction with the performance of a procedural act that may be performed by a supporting intervener.

Article 44(1)If a party objects to a supporting intervention, the court reaches a judicial decision, in the form of a ruling, on whether or not to permit the supporting intervention. In such a case, the supporting intervener must make a prima facie showing of the reasons for the intervention.

(2)After having presented oral arguments or entered a statement in preparatory proceedings without having raised the objection referred to in the preceding paragraph, a party may not then raise such an objection.

(3)An immediate appeal may be filed against a judicial decision as referred to in paragraph (1).

Article 45(1)A supporting intervener may present allegations and evidence, file an objection, file an appeal, file a demand for a retrial, or perform any other procedural act in the litigation in question; provided, however, that this does not apply to procedural acts that the supporting intervener may not perform due to the progress of the litigation at the time of the supporting intervention.

(2)A procedural act performed by a supporting intervener is invalid if it conflicts with a procedural act performed by the party being supported in the intervention.

(3)Even if an objection has been raised against a supporting intervention, a supporting intervener may perform procedural acts until a judicial decision disallowing the supporting intervention becomes final and binding.

(4)A procedural act performed by a supporting intervener is valid if invoked by a party, even if a judicial decision disallowing the supporting intervention becomes final and binding.

(5)To apply provisions that concern the following requests, a supporting intervener (limited to one whose intervention is permitted by a judicial decision that has become final and binding after the party has raised the objection referred to in paragraph (1) of the preceding Article; or to one against whose intervention the party is no longer entitled to raise an objection pursuant to the provisions of paragraph (2) of that Article) is deemed to be a party:

Article 46A judicial decision in litigation that involves a supporting intervention is also effective against the supporting intervener, except in the following cases:

Article 47(1)A third party asserting that a right will be prejudiced by the outcome of litigation or a third party asserting entitlement to the whole or part of the subject matter of litigation may intervene in the litigation as a party, designating either or both of the parties to the litigation as an adverse party.

(2)A third party must file a motion to intervene as under the provisions of the preceding paragraph in writing.

(3)The written motion referred to in the preceding paragraph must be served upon both parties.

(4)The provisions of Article 40, paragraphs (1) through (3) apply mutatis mutandis to the parties to litigation stated in paragraph (1) and a person that has intervened in the litigation pursuant to the provisions of that paragraph; and the provisions of Article 43 apply mutatis mutandis to an application for intervention under the provisions of that paragraph.

Article 48If a person has intervened in litigation pursuant to the provisions of paragraph (1) of the preceding Article in order to assert that person's own right, the plaintiff or defendant from prior to the intervention may withdraw from the litigation, with the consent of the adverse party. In such a case, the judgment on the litigation is also valid against the withdrawing party.

Article 49(1)If, while litigation is pending, a person asserting that the whole or part of the rights that are the subject of that litigation have been transferred to them intervenes in the litigation pursuant to the provisions of Article 47, paragraph (1) a judicial claim is deemed to have been filed at the time when the litigation first became pending, as it concerns postponing the expiration of the prescription period.

(2)In a case provided for in the preceding paragraph, the intervention gives rise to the effect of compliance with statutory time frames, retroactive to the time when the litigation first became pending.

Article 50(1)If, while litigation is pending, a third party succeeds to the whole or part of an obligation that is the subject matter of litigation, the court, at the petition of an original party, may issue a ruling to have that third party assume the litigation.

(2)Before issuing a ruling as referred to in the preceding paragraph, the court must hear the original party and the third party.

(3)The provisions of Article 41, paragraphs (1) and (3) and the preceding two Articles apply mutatis mutandis if a ruling is issued to have a third party assume litigation pursuant to the provisions of paragraph (1).

Article 51The provisions of Articles 47 through 49 apply mutatis mutandis to intervention by a third party that asserts that, while the litigation has been pending, that third party has succeeded to the whole or part of the obligation that is the subject matter of litigation; and the provisions of the preceding Article apply mutatis mutandis if, while litigation is pending, a third party is transferred the whole or part of a right that is the subject matter of litigation.

Article 52(1)If the subject matter of litigation is to be determined for one of the original parties and a third party only as a unified matter, the third party may intervene in the litigation as a co-litigant.

(2)The provisions of Article 43 and Article 47, paragraphs (2) and (3) apply mutatis mutandis to an application for intervention under the provisions of the preceding paragraph.

Article 53(1)While litigation is pending, a party may notify a third party that is permitted to intervene in the litigation of that litigation.

(2)A person that has been notified of litigation may notify another person of that litigation.

(3)A person must notify another person of litigation by submitting a paper document to the court stating the grounds for notifying that person and the progress of the litigation.

(4)Even if a person receiving notice of litigation does not intervene in the litigation, to apply the provisions of Article 46, that person is deemed to have intervened in the litigation at the time that that person could have intervened.

Article 54(1)Except for an agent who may act in court pursuant to law or regulation, no person other than an attorney may serve as a litigation representative; provided, however, that in summary court, with the court's permission, a person who is not an attorney at law may be named litigation representative.

(2)The permission stated in the preceding paragraph may be revoked at any time.

Article 55(1)A litigation representative may perform procedural acts involved in a counterclaim, intervention, judicial enforcement, provisional seizure, or provisional disposition for a case entrusted to them, and may receive payment for this.

(2)A litigation representative must be specially entrusted in order to:

(3)The authority to act as a person's litigation representative in litigation may not be restricted; provided, however, that this does not apply to a litigation representative who is not an attorney.

(4)The provisions of the preceding three paragraphs do not restrict the authority of a representative who may act in court pursuant to law or regulation.

Article 56(1)If there are multiple litigation representatives, each one represents a single party.

(2)Any provisions agreed upon between the parties that are contrary to the provisions of the preceding paragraph are invalid.

Article 57Statements of fact that are entered by a litigation representative are invalid if immediately retracted or corrected by the party.

Article 58(1)The following grounds do not cause a person's authority to act as a litigation representative to be extinguished:

(2)A litigation representative's authority to act as the litigation representative for a person of a certain status who stands as a party to litigation in that person's own name on behalf of another person does not extinguish due to the party's loss of that status due to death or other such grounds.

(3)The provisions of the preceding paragraph apply mutatis mutandis if an appointed party has lost that status due to death or other such grounds.

Article 59The provisions of Article 34, paragraphs (1) and (2) and Article 36, paragraph (1) apply mutatis mutandis to representation in litigation.

Article 60(1)A party or litigation representative, with the permission of the court, may appear with an assistant in court.

(2)The permission stated in the preceding paragraph may be revoked at any time.

(3)Statements entered by an assistant in court, unless immediately retracted or corrected by the party or the litigation representative, are deemed to have been made by the party or litigation representative, personally.

Article 61The defeated party bears the court costs.

Article 62Depending on the circumstances, the court may have the winning party bear the whole or part of the court costs incurred due to any act that was unnecessary for the expansion or defense of the winning party's rights, or court costs incurred due to any act that was necessary, in light of the progress of the litigation as of the time of the act, for the expansion or defense of the adverse party's rights.

Article 63If a party delays litigation due to a failure to present allegations or evidence in a timely manner, failure to keep a court date or observe a time frame, or any other grounds attributable to that party, the court may have that party bear the whole or part of court costs incurred due to the delay, even if that party wins the case.

Article 64In the case of a partial defeat, the court fixes the court costs that each party bears at its own discretion; provided, however, that depending on the circumstances, the court may have either party bear all court costs.

Article 65(1)Co-litigants bear court costs equally; provided, however, that the court, depending on the circumstances, may have co-litigants bear court costs jointly and severally or in any other manner.

(2)Notwithstanding the provisions of the preceding paragraph, the court may have a party that has performed any act that was unnecessary for the expansion or defense of a right bear court costs incurred due to that act.

Article 66The provisions of Article 61 through the preceding Article apply mutatis mutandis to the bearing of court costs incurred due to an objection to supporting intervention between the supporting intervener and the party that raises the objection, and to the bearing of court costs incurred due to supporting intervention between the supporting intervener and the adverse party.

Article 67(1)In the judicial decision that concludes a case, the court must reach a judicial decision sua sponte on the bearing of all court costs incurred in the relevant instance; provided, however, that depending on the circumstances, in a judicial decision on part of a case or on an interlocutory dispute, the court may reach a judicial decision on the bearing of those costs.

(2)If a superior court modifies a judicial decision on the merits, it must reach a judicial decision on the bearing of the total costs of litigation. The same applies when a court that has accepted a case remanded or transferred to it reaches the judicial decision that concludes the case.

Article 68If the parties reach a court settlement but do not specifically establish how settlement costs or court costs will be borne, each party bears its own costs.

Article 69(1)If a legal representative, litigation representative, court clerk, or court enforcement officer, intentionally or through gross negligence, gives rise to unnecessary court costs, the court in charge of the case, upon petition or sua sponte, may order that person to reimburse the relevant person in the amount of those costs.

(2)If a person performing a procedural act as a legal representative or litigation representative has failed to prove that the person has the authority to act as a person's legal representative or delegation of powers necessary for performing a procedural act and has also failed to have the act ratified, the provisions of the preceding paragraph apply mutatis mutandis to the court costs arising from that procedural act.

(3)An immediate appeal may be filed against a ruling under the provisions of paragraph (1) (including as applied mutatis mutandis pursuant to the provisions of the preceding paragraph).

Article 70In a case prescribed in paragraph (2) of the preceding Article, if the court denies an action, the person performing procedural acts as a representative bears the court costs.

Article 71(1)The amount of court costs to be borne is fixed, upon petition, by the court clerk of the court of first instance after the judicial decision on the bearing of costs becomes enforceable.

(2)A person must file the petition under the preceding paragraph within ten years from the day on which the judicial decision on the bearing of costs becomes final and binding.

(3)In a case as referred to in paragraph (1), except in cases specified by the Rules of the Supreme Court, if both parties bear court costs, the costs that each party will bear is deemed to have offset the corresponding amount of costs that the other party will bear.

(4)A disposition on the petition referred to in paragraph (1) takes effect when the relevant persons are notified of it by a means that is considered to be appropriate.

(5)A person must object to the disposition referred to in the preceding paragraph within an inalterable time frame of one week from the day on which they are notified of it.

(6)An objection under the preceding paragraph has the effect of a stay of enforcement.

(7)If the court finds that there are grounds for the objection to a disposition fixing the amount under the provisions of paragraph (1), the court must fix the amount of court costs to be borne itself, if that amount is required to be fixed.

(8)An immediate appeal may be filed against a ruling on an objection referred to in paragraph (5).

Article 72If the parties reach a court settlement and establish how settlement costs or court costs will be borne but do not fix the amount of these costs, their amount is fixed, upon petition, by the court clerk of the court of first instance (for a settlement as referred to in Article 275, the court where the settlement is established). In such a case, the provisions of paragraphs (2) through (8) of the preceding Article apply mutatis mutandis.

Article 73(1)If litigation is concluded not by a judicial decision or settlement, the court of first instance, upon petition, must issue a ruling ordering court costs to be borne, and the court clerk of that court must fix the amount to be borne after the ruling becomes enforceable. The same applies if an application for supporting intervention is withdrawn or if an objection to supporting intervention is withdrawn.

(2)The provisions of Articles 61 through 66 and Article 71, paragraph (8) apply mutatis mutandis to a ruling on a petition under the preceding paragraph; the provisions of Article 71, paragraph (2) apply mutatis mutandis to a petition under the preceding paragraph; the provisions of Article 71, paragraphs (3) and (4) apply mutatis mutandis to a disposition rendered by the court clerk on a petition under the preceding paragraph; and the provisions of Article 71, paragraphs (5) through (8) apply mutatis mutandis to an objection to such a disposition. In such a case, the term "from the day when the judicial decision on the bearing of costs becomes final and binding" in Article 71, paragraph (2) is deemed to be replaced with "from the day when the litigation is concluded".

Article 74(1)If a miscalculation, clerical error, or any other similar mistake that is clearly an error has been made in a disposition that fixes the amount under the provisions of Article 71, paragraph (1), Article 72 or paragraph (1) of the preceding Article, the court clerk, upon petition or sua sponte, may correct the disposition at any time.

(2)The provisions of Article 71, paragraphs (4) through (6) and paragraph (8) apply mutatis mutandis to a corrective action under the provisions of the preceding paragraph and to the filing of any objection to it.

(3)If a lawful objection is filed against a disposition that fixes the amount prescribed in paragraph (1), the objection under the preceding paragraph may not be filed.

Article 75(1)If a plaintiff is not domiciled in Japan or does not have a business office or other office in Japan, at the petition of the defendant, the court must issue a ruling ordering the plaintiff to provide security for court costs. The same applies if that security becomes insufficient.

(2)The provisions of the preceding paragraph do not apply if there is no dispute over part of a claim for the payment of money and the amount of that part of the claim is sufficient as security.

(3)Once a defendant has presented an oral argument on the merits or entered a statement in preparatory proceedings after having learned that there are grounds for security to be provided, the defendant may not file the petition referred to in paragraph (1).

(4)A defendant filing a petition under paragraph (1) may refuse to appear until the plaintiff provides security.

(5)In the ruling stated in paragraph (1), the court must specify the amount of security and the time frame for providing security.

(6)The amount of security is specified on the basis of the total amount of court costs the defendant would need to pay in all instances.

(7)An immediate appeal may be filed against a ruling on a petition under paragraph (1).

Article 76In providing security, money or securities (including book-entry transfer corporate bonds or other securities prescribed in Article 129, paragraph (1) of the Act on Book-Entry Transfer of Company Bonds (Act No. 75 of 2001); the same applies in the following Article) that the court considers appropriate must be deposited with an official depository within the territorial jurisdiction of the district court of jurisdiction in the locality of the court that orders the security to be provided, or must be provided by a specified by the Rules of the Supreme Court; provided, however, that if the parties have entered into a special contract, that contract prevails.

Article 77A defendant has the right to receive payment for court costs, in preference to other creditors, from the money or securities deposited pursuant to the provisions of the preceding Article.

Article 78If a plaintiff fails to provide security within the time frame during which it is required to be provided, the court may enter a judgment denying the action, without hearing oral arguments; provided, however, that this does not apply if the plaintiff provides security before that a judgment is entered.

Article 79(1)If a person providing security proves that the grounds for providing security have ceased to exist, the court, upon petition, must rule to release that security.

(2)The provisions of the preceding paragraph also apply if a person providing security proves that the person has obtained the consent of the security interest holder for the release of the security.

(3)If, after the conclusion of litigation, the court clerk, at the petition of the person providing the security, requests that the security interest holder exercise the right to the security within a certain time frame and the security interest holder fails to do so, the security interest holder is deemed to consent to the release of the security.

(4)An immediate appeal may be filed against a ruling under the provisions of paragraphs (1) and (2).

Article 80At the petition of a person providing the security, the court may issue a ruling ordering the substitution of that security; provided, however, that this does not preclude other security from being substituted for that security pursuant to a contract.

Article 81The provisions of Article 75, paragraphs (4), (5), and (7) and Articles 76 through the preceding Article apply mutatis mutandis to any security that is required to be provided pursuant to other laws and regulations for the filing of an action.

Article 82(1)The court, upon petition, may issue a ruling granting legal aid to a person lacking the financial resources to pay the expenses necessary for preparing for and conducting litigation, or to a person for whom paying those expenses would cause substantial adversity in daily life; provided, however, that this applies only if the person has some chance of winning the case.

(2)Rulings granting legal aid are issued separately for each instance.

Article 83(1)A ruling granting legal aid has the following effects with regard to litigation and enforcement, in line with what is provided for in the ruling:

(2)A ruling granting legal aid is only valid for assisting the person in whose favor the ruling is issued.

(3)The court issues a ruling ordering any successor to litigation to pay expenses and costs for which a grace period for payment has been given.

Article 84If a person in whose favor a ruling granting legal aid is issued is found not to meet the requirements prescribed in the main clause of Article 82, paragraph (1) or comes to no longer meet those requirements, the court that has the case record on file may at any time, upon at the petition of an interested party or sua sponte, issue a ruling setting aside the ruling that granted the person legal aid, and order the person to pay any expenses and costs for which a grace period has been given.

Article 85Expenses and costs in respect of which a person in whose favor a ruling granting legal aid is issued is given a payment grace period may be collected directly from the adverse party that it has been decided will bear those expenses and costs. To do so, an attorney at law or a court enforcement officer, on behalf of the person in whose favor the ruling granting legal aid has been issued, may file a petition stated in Article 71, paragraph (1), Article 72 or Article 73, paragraph (1) or carry out judicial enforcement with regard to compensation or fees and expenses and costs.

Article 86An immediate appeal may be filed against a ruling prescribed in this Section.

Article 87(1)The parties must conduct oral arguments before the court in connection with their litigation; provided, however, that for a case that is to be concluded by a ruling, the court determines whether or not the parties are required to conduct oral arguments.

(2)If oral arguments are not conducted pursuant to the proviso to the preceding paragraph, the court may hear the parties.

(3)The provisions of the preceding two paragraphs do not apply when otherwise provided.

Article 87-2(1)If the court finds it to be appropriate, after hearing the opinions of the parties and as provided by the Rules of the Supreme Court, the court may conduct proceedings on a date for oral arguments using a means that enables the court and both parties to communicate with one another through audio and visual transmissions while gaining an awareness of one another' situation.

(2)If the court finds it to be appropriate, after hearing the opinions of the parties, the court may conduct the proceedings on the date for hearing in a way that enables the court and both parties to communicate with one another at the same time, through audio transmissions, as provided by the Rules of the Supreme Court.

(3)The party who has participated in proceedings as referred to in the preceding two paragraphs without appearing on the date referred to in that paragraph is deemed to have appeared on that date.

Article 88If a hearing is held, the court may have it held by an authorized judge.

Article 89(1)Irrespective of the extent to which litigation has progressed, the court may attempt to arrange a settlement or have an authorized or commissioned judge attempt to arrange a settlement.

(2)If the court finds it to be appropriate, after hearing the opinions of the parties, the court may conduct the proceedings on the date for settlement in a way that enables the court and both parties to communicate with one another at the same time, through audio transmissions as provided by the Rules of the Supreme Court.

(3)The party who has participated in proceedings as referred to in the preceding paragraph without appearing on the date referred to in that paragraph is deemed to have appeared on that date.

(4)The provisions of Articles 148, 150, 154 and 155 apply mutatis mutandis to settlement proceedings.

(5)If an authorized or commissioned judge attempts to arrange a settlement, the duties of the court and presiding judge under the provisions of paragraph (2), or under the provisions of Articles 148, 154 and 155 as applied mutatis mutandis pursuant to the preceding paragraph, are to be performed by that judge.

Article 90If a party learns or could have learned of a violation of the provisions concerning litigation proceedings but fails to make an objection without delay, the party loses the right to object to those proceedings; provided, however, that this does not apply to a right that cannot be waived.

Article 91(1)Any person may file a request with the court clerk to inspect a hard-copy case records (meaning the portion of the case records excluding the electronic or magnetic case records as prescribed in paragraph (1) of the following Article; the same applies in this Article).

(2)Only the parties to the case or a third party that makes a prima facie showing of interest in the case may file the request under the provisions of the preceding paragraph with regard to a hard-copy case records involving oral arguments that are prohibited from being disclosed to the public. The same applies to the portion of the hard-copy case records concerning the proposed terms of settlement under Article 264, the terms of settlement under the provisions of Article 265, paragraph (1) and the settlement as prescribed in Article 267, paragraph (1) (excluding a settlement that is concluded on the date for oral arguments).

(3)The parties to a case and any third party that makes a prima facie showing of interest in the case may file a request with the court clerk to copy the hard-copy case records, or to issue an authenticated copy, transcript or extract of the electronic or magnetic case records.

(4)The provisions of the preceding paragraph do not apply with respect to hard-copy case records that have been prepared in the form of audiotapes or videotapes (including objects onto which a fixed set of information has been recorded by any equivalent means). Nevertheless, the court clerk must permit the reproduction of those audiotapes or videotapes at the request of a party to the case or a third party that makes a prima facie showing of interest in these objects.

(5)A request to inspect, copy, or reproduce a hard-copy case records may not be filed if these actions would be detrimental to the preservation of the hard-copy case records or the performance of the court's duties.

Article 91-2(1)As provided for by the Rules of the Supreme Court, any person may file a request with the court clerk to inspect something that, in the manner specified by the Rules of the Supreme Court, has been made to show the content of an electronic or magnetic case record (meaning the part of a case record that constitutes information which has been recorded into a file stored on a computer (inclusive of its input and output devices; the same applies below) used by the court (these files are simply referred to below as the court's "computer files", except in Article 91-2, paragraphs (2) and (3), Article 91-3, and Article 109-3, paragraph (1), item (ii)), pursuant to the provisions of this Code and other laws and regulations (the information is referred to as "information from the court's computer files" in Article 132-7 and Article 133-2, paragraph (5)); the same applies below)).

(2)As provided for by the Rules of the Supreme Court, the parties to a case or a third party that makes a prima facie showing of interest in the case may file a request with a court clerk to copy the information recorded in electronic or magnetic case records by using an electronic data processing system specified by the Rules of the Supreme Court (meaning an electronic data processing system that connects a computer used by the court and the computer used by the other person involved in the procedure via a telecommunications line; the same applies below) to record the information in a file stored on a computer that the person is using, or by any other means specified by the Rules of the Supreme Court.

(3)As provided for by the Rules of the Supreme Court, the parties to a case or a third party that makes a prima facie showing of interest in the case may request a court clerk to issue a paper document containing the whole or part of the information recorded in an electronic or magnetic case record, whose content the court clerk certifies, by the means specified by the Rules of the Supreme Court, to give information identical to what is recorded in the electronic or magnetic case record; or to provide an electronic or magnetic record containing the whole or part of the information recorded in an electronic or magnetic case record, whose content the court clerk certifies, by the means specified by the Rules of the Supreme Court, to give information identical to what is recorded in the electronic or magnetic case record, using an electronic data processing system specified by the Rules of the Supreme Court to record it in a file stored on the computer that the party is using, or by any other means specified by the Rules of the Supreme Court.

(4)The provisions of paragraphs (2) and (5) of the preceding Article apply mutatis mutandis to the request to inspect or copy electronic or magnetic case records under the provisions of paragraphs (1) and (2).

Article 91-3As provided for by the Rules of the Supreme Court, the parties to a case or a third party that makes a prima facie showing of interest in a case may request a court clerk to issue a paper document containing information concerning the litigation that the court clerk certifies by the means specified by the Rules of the Supreme Court; or to provide an electronic or magnetic record containing information concerning the litigation that the court clerk certifies by the means specified by the Rules of the Supreme Court, using an electronic data processing system specified by the Rules of the Supreme Court to record it in a file stored on the computer that the party is using, or by any other means specified by the Rules of the Supreme Court.

Article 92(1)If a party to a case makes a prima facie showing of the following grounds, the court, at the petition of that party, may rule to limit the persons who may request access to the parts of the case records that contain the confidential information in question (meaning access to hard-copy case records or access to electronic or magnetic case records; the same applies in Article 133, paragraph (3)) (referred to below as "access to the confidential parts of the case records" in this Article) to the parties to the case:

(2)Once a petition as referred to in the preceding paragraph has been filed, a third party may not request access to the confidential parts of the case records until a judicial decision on the petition becomes final and binding.

(3)A third party seeking access to the confidential parts of the case records may file a petition with the court of record to set aside the ruling stated in paragraph (1), on the grounds that any requirement prescribed in that paragraph has not been met or is no longer being met.

(4)An immediate appeal may be filed against a judicial decision denying the petition stated in paragraph (1) and against a judicial decision on the petition stated in the preceding paragraph.

(5)A judicial decision setting aside a ruling as referred to in paragraph (1) does not come into force unless it becomes final and binding.

(6)If a petition under paragraph (1) (limited to a petition filed due to the existence of grounds stated in item (i) of that paragraph; the same applies in the following paragraph and paragraph (8)) has been filed and a third party intervenes in the litigation after its filing, the court clerk must notify the party who filed the petition of the intervention immediately after the intervention; provided, however, that this does not apply if the judicial decision denying the petition has become final and binding.

(7)In a case as referred to in the main clause of the preceding paragraph, the court clerk may not permit the intervener to access the confidential parts of the case records about which the petition under paragraph (1) was filed, during the time that runs from the day of the notification under the provisions of that paragraph until the final day in the two-week period that follows; provided, however, that this does not apply if a petition as referred to in Article 133-2, paragraph (2) has been made.

(8)The provisions of the preceding two paragraphs do not apply if all parties that have filed the petition under paragraph (1) consent to allow the intervener referred to in paragraph (6) to access the confidential parts of the case records about which the petition under paragraph (1) has been filed.

(9)If a petition under paragraph (1) (limited to one filed because the grounds stated in item (ii) of that paragraph exist; the same applies in the following paragraph) is filed, and if the use of a trade secret detailed in that petition for purposes other than conducting the suit, or the disclosure of that trade secret, would likely interfere with the party's business activities that are based on that trade secret, and the court finds it to be particularly necessary to do so in order to prevent this, the court may output the parts of the electronic or magnetic case records containing that trade secret in paper format or record them onto another recording medium, as well as taking measures to delete them from the electronic or magnetic case records or any other measures specified by the Rules of the Supreme Court as necessary and appropriate to securely manage the trade secret.

(10)If, after measures under the provisions of the preceding paragraph are taken to delete parts of the electronic or magnetic case records, a judicial decision denying the petition referred to in paragraph (1) becomes final and binding, or a judicial decision setting aside the decision concerning the petition becomes final and binding, the court clerk must record the part of the records containing the trade secret in the court's computer files.

Article 93(1)The presiding judge designates and changes court dates upon petition or sua sponte.

(2)A court date may be designated for a Sunday or any other general holiday, but only when this is unavoidable.

(3)A change of date for oral arguments or preparatory proceedings is only allowed if there are clear grounds for doing so; provided, however, that a change of the initial court date is also allowed if agreed upon by the parties.

(4)Notwithstanding the provisions of the preceding paragraph, a change of date for oral arguments following preparatory proceedings may only be allowed if there are unavoidable grounds for doing so.

Article 94(1)A summons to appear for a court date is issued through a means stated in one of the following items or by any other means that is considered to be appropriate:

(2)Once a court clerk prepares an electronic writ of summons, they must record it in the court's computer files as provided for by the Rules of the Supreme Court.

(3)If a summons to appear on a court date is effected other than by the means prescribed in the items of paragraph (1), a party, witness, or expert who does not appear on that court date may not be subjected to a legal sanction or other disadvantage for failure to keep the court date; provided, however, that this does not apply if the person submits a paper document indicating receipt of the summons to appear on that date.

Article 95(1)The computation of a time frames is governed by Civil Code provisions on periods of time.

(2)If a judicial decision specifying a time frame does not specify when the time frame begins, the time frame begins from the time that the judicial decision becomes effective.

(3)If the last day of a time frame falls on a Sunday, Saturday, a holiday prescribed in the Act on National Holidays (Act No. 178 of 1948), January 2nd, January 3rd, or any day from December 29th to December 31st, that time frame expires on the following day.

Article 96(1)The court may extend or shorten a statutory time frame or a time frame that it has specified; provided, however, that this does not apply to an inalterable time frame.

(2)If a time frame is inalterable, the court may establish an additional time frame for a person that is domiciled or resides in a distant location.

Article 97(1)If a party is unable to observe an inalterable time frame due to the failure of a computer used by the court or other grounds not attributable to the party, the party may complete the procedural act that was to be performed within the inalterable time frame, within one week after those grounds cease to exist; provided, however, that a party in a foreign country may complete the procedural act within two months' time after those grounds cease to exist.

(2)The provisions of the main clause of paragraph (1) of the preceding Article do not apply to the time frame stated in the preceding paragraph.

Article 114(1)Res judicata applies only with regard to the contents of a final and binding judgment that are included in the main text.

(2)In judging the validity or invalidity of a claim asserted for the purpose of an offset, res judicata applies to an amount of money that has been duly asserted in order to effect an offset.

Article 115(1)A final and binding judgment is valid against the following persons:

(2)The provisions of the preceding paragraph apply mutatis mutandis to a declaration of provisional enforceability.

Article 116(1)A judgment does not become final and binding until the expiration of the time frame specified for filing of an appeal with the court of second instance or a final appeal (excluding a final appeal as referred to in Article 327, paragraph (1) (including as applied mutatis mutandis pursuant to Article 380, paragraph (2))), for filing of a petition as referred to in Article 318, paragraph (1), or for filing of an objection under the provisions of Article 357 (including as applied mutatis mutandis pursuant to Article 367, paragraph (2)), Article 378, paragraph (1) or Article 381-7, paragraph (1).

(2)A judgment is blocked from becoming final and binding by the filing of an appeal with the court of second instance, the filing of a final appeal as referred to in the preceding paragraph, or the filing of a petition or an objection as referred to in that paragraph, that is made within the time frame stated in that paragraph.

Article 117(1)If, with regard to a final and binding judgment ordering compensation through periodic payments for damage arising prior to the conclusion of oral arguments, any significant change has occurred in terms of the severity of residual disability, wage standards, or any other circumstances that were used as the basis for calculation of the amount of damages after the conclusion of oral arguments, an action may be filed to modify the judgment; provided, however, that this applies only to the part of the judgment involving periodic payments that will become due after the date the action is filed.

(2)An action as referred to in the preceding paragraph is under the exclusive jurisdiction of the court of first instance.

Article 118A final and binding judgment rendered by a foreign court is valid only if it meets all of the following requirements:

Article 119A ruling or order takes effect when to the relevant parties of that ruling or order by a means that is considered to be appropriate.

Article 120A ruling or order concerning control of litigation proceedings may be set aside at any time.

Article 121The court to which the court clerk who has made a disposition is assigned reaches a judicial decision on any objection to that disposition, in the form of a ruling.

Article 122Unless contrary to their nature, provisions on judgments apply mutatis mutandis to rulings and orders.

Article 123An assistant judge may independently reach a judicial decision other than a judgment.

Article 124(1)Litigation proceedings are subject to a continuance if any of the following grounds occur. In such a case, the person specified in the relevant item must be substituted as a party:

(2)The provisions of the preceding paragraph do not apply during a time when there is a litigation representative.

(3)Even if there are grounds as stated in paragraph (1), item (i), the heir is not permitted to be substituted as a party during the time frame in which it is possible to renounce the inheritance.

(4)The provisions of paragraph (1), item (ii) do not apply if the merger may not be asserted against the adverse party.

(5)If the legal representative stated in paragraph (1), item (iii) is a curator or assistant, the provisions of that paragraph do not apply in the following cases:

Article 125(1)If an administration order for unclaimed land is issued (meaning an administration order for unclaimed land as prescribed in Article 264-2, paragraph (1) of the Civil Code; the same applies in this paragraph and the following paragraph), any litigation proceedings concerning the land or co-ownership interest subject to the administration order, movables covered by that order, or property that the administrator of the unclaimed land (meaning the administrator of unclaimed land as provided in paragraph (4) of that Article; the same applies in this paragraph and the following paragraph) has obtained through the management or disposal of the land or movables or due to other such reasons ( collectively referred to below as "unclaimed land, movables, or property" in this paragraph and the following paragraph), which have the owner of the unclaimed land, movables, or property (including a person who holds a co-ownership interest in it; the same applies in that paragraph) as a party are subject to a continuance. In such a case, the administrator of the unclaimed land may be substituted as a party.

(2)If an administration order for unclaimed land is set aside, any litigation proceedings concerning the unclaimed land, movables, or property that have the administrator of that unclaimed land as a party is subject to a continuance. In such a case, the owner of the unclaimed land, movables, or property must be substituted as a party.

(3)The provisions of paragraph (1) apply mutatis mutandis if an administration order for unclaimed buildings has been issued (meaning an administration order for unclaimed buildings as prescribed in Article 264-8, paragraph (1) of the Civil Code; the same applies in this paragraph), and the provisions of the preceding paragraph apply mutatis mutandis if an administration order for unclaimed buildings is set aside.

Article 126The adverse party may also file a petition for the substitution of a party.

Article 127The court must notify the adverse party if a petition for the substitution of a party is filed.

Article 128(1)If a petition for the substitution of a party is filed and the court finds the petition to be groundless after conducting an examination sua sponte, the court must rule to deny the petition.

(2)If a petition for the substitution of a party is filed during a continuance of litigation proceedings following the service of an electronic judgment or electronic record as prescribed in Article 255, paragraph (1) under the provisions of Article 255 (including as applied mutatis mutandis pursuant to Article 374, paragraph (2); the same applies in this paragraph), the court that reached the judgment in question must reach a judicial decision on the petition.

Article 129Even if neither party has filed a petition for the substitution of a party, the court may order litigation proceedings to continue sua sponte.

Article 130If the court is unable to perform its duties due to a natural disaster or other such cause, litigation proceedings are suspended until that cause ceases to exist.

Article 131(1)If a party is unable to continue with litigation proceedings due to an incapacitation of an uncertain duration, the court may issue an order the suspension of litigation proceedings, in the form of a ruling.

(2)The court may set aside a ruling as referred to in the preceding paragraph.

Article 132(1)A judgment may be rendered even during a continuance of litigation proceedings.

(2)If there is a continuance or suspension of litigation proceedings, the progress of time frames is interrupted. In such a case, all time frames start to run again at the time notice is given of the substitution of a party in proceedings or at the time that litigation proceedings continue.

Article 148(1)The presiding judge directs oral arguments.

(2)The presiding judge may permit a person to speak or prohibit a person who does not comply with the judge's orders from speaking.

Article 149(1)The presiding judge, on a date for oral arguments or on any other date, may ask questions of a party or call for a party to give proof with regard to a factual or legal matter, in order to clarify a matter that is related to the litigation.

(2)An associate judge, after notifying the presiding judge, may take the measures prescribed in the preceding paragraph.

(3)A party may, on a date for oral arguments or on any other date, request the presiding judge to ask any necessary questions.

(4)If the presiding judge or associate judge takes the measures under the provisions of paragraph (1) or paragraph (2) on a date other than a date for oral arguments with regard to a matter that could materially change the allegations or evidence, the judge must notify the adverse party of the content of those measures.

Article 150If a party objects to an order issued by the presiding judge in connection with the control of oral arguments or objects to the measures taken by the presiding judge or associate judge under the provisions of paragraph (1) or paragraph (2) of the preceding Article, the court reaches a judicial decision on that objection in the form of a ruling.

Article 151(1)In order to clarify a matter related to litigation, the court may reach any of the following dispositions:

(2)As provided for by the Rules of the Supreme Court, a person must submit an electronic or magnetic record under the provisions of the preceding paragraph by submitting a recording medium that contains the electronic or magnetic record or by using an electronic data processing system as specified by the Rules of the Supreme Court.

(3)The provisions of Article 132-13 do not apply to a document submitted pursuant to the provisions of paragraph (1) or to an electronic or magnetic record submitted pursuant to the provisions of the preceding paragraph.

(4)Provisions on the examination of evidence apply mutatis mutandis to the inspection of evidence, expert testimony, and the commissioning of investigations under paragraph (1).

Article 152(1)The court may order the restriction, separation, or consolidation of oral arguments, or set aside such an order.

(2)If the court has ordered the consolidation of oral arguments for cases involving different parties and a party requests the examination of a witness who has already been examined before the consolidation but whom the party had no chance to examine, that examination must be carried out.

Article 153The court may order the resumption of oral arguments that have been concluded.

Article 154(1)If a person participating in oral arguments is unable to communicate in Japanese or is unable to hear or speak, arrangements are made for an interpreter to be present at oral arguments; provided, however, that it is permissible to question a person who is unable to hear or speak in writing, or to have them enter a statement in writing.

(2)If the court finds it to be appropriate, after hearing the opinions of the parties and as provided by the Rules of the Supreme Court, the court may have an interpreter interpret while using a means that enables the court and both parties to communicate with the interpreter through audio and visual transmissions while gaining an awareness of one another' situation . This being the case, if there are circumstances that make it difficult to have recourse to those means, a means may be used that enables the court and both parties to communicate with the interpreter at the same time through audio transmissions.

(3)The provisions on experts apply mutatis mutandis to interpreters.

Article 155(1)The court may prohibit a party, agent, or assistant in court who is unable to enter the necessary statement for clarifying a matter related to the litigation, from entering a statement, and specify a new date for continuing oral arguments.

(2)If the court has prohibited a person from entering a statement pursuant to the provisions of the preceding paragraph, the court may order the person to be accompanied by an attorney at law, when it finds this to be necessary.

Article 156Allegations and evidence must be presented at an appropriate time, in accordance with the status of progress in the litigation.

Article 156-2If the presiding judge finds it to be necessary for the progress of litigation proceedings based on a plan for trial as referred to in Article 147-3, paragraph (1), the presiding judge may specify a time frame for presenting allegations and evidence on a specific matter, after hearing the opinions of the parties.

Article 157(1)If the court finds that the allegations or evidence that a party has presented, whether intentionally or through gross negligence, after the time for presenting them will delay the conclusion of litigation, it may rule to deny them, upon petition or sua sponte.

(2)The provisions of the preceding paragraph also apply if a party does not give the necessary explanation with regard to allegations or evidence whose import is unclear, or does not appear on the date for giving an explanation.

Article 157-2If a time frame for presenting allegations and evidence on a specific matter is specified pursuant to the provisions of Article 147-3, paragraph (3) or Article 156-2 (including as applied mutatis mutandis pursuant to Article 170, paragraph (5)), and the court, with regard to allegations or evidence that a party has presented after the expiration of that time frame, finds that those allegations or evidence would be likely to substantially interfere with the progress of litigation proceedings based on the plan for trial, the court may rule to deny them upon petition or sua sponte; provided, however, that this does not apply if the party has made a prima facie showing of reasonable grounds for the party having been unable to present the allegations or evidence within that time frame.

Article 158If a plaintiff or defendant does not appear on the first date for oral arguments or appears on that date but does not present any oral arguments on the merits, the court may deem the plaintiff or defendant to have stated the particulars detailed in the complaint or written answer or any other brief that party has submitted, and have the adverse party who has appeared on that date present oral arguments.

Article 159(1)If a party, during oral arguments, does not make it clear that they deny a fact alleged by the adverse party, they are deemed to have admitted that fact; provided, however, that this does not apply if it should be found, based on the entire import of oral arguments, that the party has denied that fact.

(2)A person offering a statement indicating that they have no knowledge of a fact alleged by the adverse party is presumed to have denied that fact.

(3)The provisions of paragraph (1) apply mutatis mutandis if a party does not appear on a date for oral arguments; provided, however, that this does not apply if the party is summoned through service by publication.

Article 160(1)For each court date for oral arguments, the court clerk must prepare an electronic record (meaning an electronic or magnetic record that a court clerk prepares pursuant to the provisions of this Act or any other laws and regulations for the purpose of recording or authenticating the form, content, progress, etc. of proceedings conducted on a court date or outside of a court date; the same applies below), as provided for by the Rules of the Supreme Court.

(2)When a court clerk prepares an electronic record pursuant to the provisions of the preceding paragraph, they must record it in the court's computer files as provided for by the Rules of the Supreme Court.

(3)If a party or any other person concerned raised any objection to the content of the electronic record recorded in the court's computer files pursuant to the provisions of the preceding paragraph, measures must be taken to make it clear that there has been an objection, as provided for by the Rules of the Supreme Court.

(4)Observance of provisions concerning the formalities of oral arguments may be proven only through the electronic record recorded in the court's computer files pursuant to the provisions of paragraph (2); provided, however, that this does not apply in the event of the loss of the electronic record.

Article 160-2(1)If there is a miscalculation, clerical error, or any other clear error similar to this in an electronic record recorded in the court's computer files pursuant to the provisions of paragraph (2) of the preceding Article, a court clerk may correct it at any time, upon petition or sua sponte.

(2)A court clerk must take the corrective action under the provisions of the preceding paragraph by recording an indication of this in the court's computer files, as provided for by the Rules of the Supreme Court.

(3)The provisions of Article 71, paragraphs (4), (5) and (8) apply mutatis mutandis to a corrective action under the provisions of paragraph (1) or a disposition of denial of petition under that paragraph, as well as a petition for objection against these.

Article 161(1)Oral arguments must be prepared in writing.

(2)A brief details the following particulars:

(3)During oral arguments for which the adverse party is not present in court, no facts other than those stated in a brief which falls under any of the following items may be alleged:

Article 162(1)The presiding judge may specify a time frame for submitting a written answer or a brief detailing an allegation with regard to a specific matter or for offering evidence of a specific matter.

(2)A party that submits a brief or offers evidence after a time frame specified pursuant to the provisions of the preceding paragraph has passed must explain to the court the reasons that the party was unable to perform the act within that time frame.

Article 163(1)While litigation is pending, a party may specify a reasonable time frame for response and direct a written inquiry to the adverse party, so as to elicit from that party a response in writing, or at the option of the adverse party, either in writing or by electronic or magnetic means, with regard to particulars that are necessary for preparing allegations or proof; provided, however, that this does not apply if the inquiry falls under any of the following items:

(2)A party may make an inquiry by electronic or magnetic means in lieu of an inquiry in writing under the preceding paragraph, with consent from the adverse party.

(3)An adverse party (excluding a party that received an inquiry requiring a response either in writing or by electronic or magnetic means pursuant to the provisions of paragraph (1)) may provide a response by electronic or magnetic means in lieu of a written response under the provisions of that paragraph, with consent from the party.

Article 179Facts admitted by a party in court and obvious facts are not required to be proven.

Article 180(1)When offering evidence, a person must specify the fact that the evidence is meant to prove.

(2)Evidence may be offered prior to court dates.

Article 181(1)The court is not required to examine evidence offered by a party which the court considers to be unnecessary.

(2)If there is any obstacle to the examination of evidence which will be present for an uncertain duration, the court may choose not to conduct an examination of evidence.

Article 182The examination of witnesses and the parties themselves must be conducted in as focused a manner as possible after the arrangement of issues and evidence is completed.

Article 183The examination of evidence may be conducted even if neither party appears on a date for oral arguments.

Article 184(1)The court must conduct an examination of evidence that is to be done in a foreign country by requesting the competent government agency of that country or the Japanese ambassador, minister, or consul stationed in that country to examine the evidence.

(2)Even if an examination of evidence conducted in a foreign country contravenes the laws of that country, it is still valid if it does not contravene this Code.

Article 185(1)If the court finds it to be appropriate, it may examine evidence out of court. To do so, it may order a member of a panel of judges or commission the district court or summary court to examine evidence.

(2)If a commissioned judge performing the duties of a judge based on the commission prescribed in the preceding paragraph finds it to be appropriate for another district court or summary court to examine the evidence, the judge may further commission it to examine the evidence.

(3)If the court (or an authorized judge who performs duties pursuant to the provisions of paragraph (1), or authorized judge who performs duties based on a commission as prescribed in the preceding two paragraphs) finds it to be appropriate after hearing the opinions of the parties and as provided by the Rules of the Supreme Court, the court may conduct the proceedings for examination of evidence under the provisions of paragraph (1) using a means that enables persons to communicate with one another through audio and visual transmissions while gaining an awareness of one another' situation.

Article 186(1)The court may commission a government agency or public office, a foreign government agency or public office, or a school, chamber of commerce, exchange, or any other organization to conduct the necessary examinations.

(2)The court must present the results of examinations based on the commissioning of duties under the preceding paragraph to the parties.

Article 187(1)In a case to be concluded with a ruling, the court may hear statements from persons of reference and from the parties themselves; provided, however, that the persons of reference from whom the court may hear statements are limited to those requested by a party.

(2)In a case involving an adverse party, the hearing under the provisions of the preceding paragraph must be held on a hearing date that both parties are able to attend.

(3)If the court finds it to be appropriate, it may conduct the hearing of persons of reference, as provided by the Rules of the Supreme Court, using a means that enables persons to communicate with one another through audio and visual transmissions while gaining an awareness of one another' situation. This being the case, if neither party objects, the court may conduct a hearing of persons of reference by a means that enables the court, both parties, and the persons of reference to communicate with one another at the same time through audio transmissions.

(4)The provisions of the preceding paragraph apply mutatis mutandis when the court conducts a hearing of the parties themselves.

Article 188Prima facie showings must be made using evidence that can be examined immediately.

Article 189(1)A judicial decision for a civil fine under the provisions of this Chapter is executed by order of the public prosecutor. This order has the same effect as an enforceable title of obligation.

(2)A judicial decision for a civil fine is enforced pursuant to the provisions of the Civil Enforcement Act (Act No. 4 of 1979) and other laws and regulations concerning procedures for judicial enforcement; provided, however, that it is not necessary to serve a person with the judicial decision before executing it.

(3)The provisions of Article 507 of the Code of Penal Procedure (Act No. 131 of 1948) apply mutatis mutandis to the enforcement of a judicial decision for a civil fine.

(4)If an immediate appeal is filed against a judicial decision for a civil fine after that judicial decision (referred to below as a "original judicial decision" in this paragraph) is executed, and the court in charge of the appeal finds there to be grounds for immediate appeal, sets aside the original judicial decision, and reaches another judicial decision for a civil fine, its judicial decision for that civil fine is deemed to have been executed to the extent of the amount of the original judicial decision. In such a case, if the amount obtained as a result of the enforcement of the original judicial decision exceeds the amount of that civil fine, the amount in excess must be refunded.

Article 190Except as otherwise provided, the court may examine any person as a witness.

Article 191(1)Before the court examines a public officer or a person who was a public officer as a witness with regard to any confidential information connected with that person's duties, it must obtain the approval of the relevant supervisory government agency (in the case of a member of the House of Representatives or House of Councillors or a person who held the office, the relevant House; in the case of the Prime Minister or any other Minister of State or a person who held such a position, the Cabinet).

(2)A supervisory government agency may not refuse to give the approval referred to in the preceding paragraph, unless giving it would be against the public interest or would be likely to substantially hinder the performance of a public duty.

Article 192(1)If a witness, without a legitimate reason for doing so, fails to appear, the court issues a ruling ordering the witness to bear any court costs incurred due to the witness's failure to appear, and sentences that witness to a civil fine of not more than 100,000 yen.

(2)An immediate appeal may be filed against a ruling as referred to in the preceding paragraph.

Article 193(1)If a witness fails to appear without a legitimate reason, the witness is sentenced to a criminal fine of not more than 100,000 yen or misdemeanor imprisonment without work.

(2)Both a criminal fine and misdemeanor imprisonment without work may be imposed cumulatively on a person who has committed the crime referred to in the preceding paragraph, depending on the circumstances.

Article 194(1)The court may subpoena a witness who fails to appear without a legitimate reason for failing to do so.

(2)The provisions of the Code of Criminal Procedure concerning subpoenas apply mutatis mutandis to a subpoena as referred to in the preceding paragraph.

Article 195The court may have an authorized or commissioned judge examine a witness out of court, but only in the following cases:

Article 196If a witness's testimony relates to a matter for which the witness, personally, or a person related to the witness in any of the following ways, would likely be subject to criminal prosecution or conviction, the witness may refuse to testify. The same applies if a witness's testimony relates to a matter that would harm the reputation of these persons:

Article 197(1)In the following cases, a witness may refuse to testify:

(2)The provisions of the preceding paragraph do not apply if the witness has been released from the duty of silence.

Article 198A prima facie showing must be made of the grounds for a witness' refusal to testify.

Article 199(1)Except in a case as referred to in Article 197, paragraph (1), item (i), the court in charge of the case hears the parties and reaches a judicial decision, in the form of a ruling, on the propriety of the refusal to testify.

(2)The party and the witness may file an immediate appeal against the judicial decision referred to in the preceding paragraph.

Article 200The provisions of Articles 192 and 193 apply mutatis mutandis if, after a judicial decision finding no grounds for a witness' refusal to testify becomes final and binding, the witness still refuses to testify, without a legitimate reason for refusing to do so.

Article 201(1)Except as otherwise provided, the court must have a witness swear under oath.

(2)When examining a person under 16 years of age or person who is unable to understand the purpose of swearing under oath as a witness, the court may not make the witness swear under oath.

(3)When examining a witness who falls under the provisions of Article 196 and does not exercise the right to refuse to testify, the court may choose not to have the witness swear under oath.

(4)A witness may refuse to swear under oath when being examined with regard to matters in which the witness, personally, or a person to whom the witness is related in any of the ways listed in the items of Article 196, is deeply interested.

(5)The provisions of Articles 198 and 199 apply mutatis mutandis if a witness refuses to swear under oath, and the provisions of Articles 192 and 193 apply mutatis mutandis if, after a judicial decision finding no grounds for a refusal to testify becomes final and binding, the witness still refuses to testify, without a legitimate reason for refusing to do so.

Article 202(1)A witness is examined by the party requesting the examination, the other party, and the presiding judge, in that order.

(2)When the presiding judge finds it to be appropriate, the judge may change the order referred to in the preceding paragraph, after hearing the opinions of the parties.

(3)If a party objects to a change under the provisions of the preceding paragraph, the court reaches a judicial decision on the objection in the form of a ruling.

Article 203A witness may not enter a statement that is based off of a document or any other object; provided, however, that this does not apply if the witness obtains the permission of the presiding judge.

Article 203-2(1)If the presiding judge, in consideration of the witness's age, mental or physical condition or any other circumstances, finds that the witness is likely to feel extreme anxiety or tension when being examined, then the presiding judge may have the witness accompanied during the testimony by a person who can best ease the witness' anxiety or tension and is unlikely to disturb the examination of the witness by the presiding judge or the parties or the testimony of the witness, or is unlikely to unduly influence the contents of the testimony.

(2)During the testimony of a witness, the person accompanying the witness pursuant to the provisions of the preceding paragraph must not behave in a manner that interferes with the examination of the presiding judge or the parties or with the testimony of the witness, or that unduly influences the content of the testimony.

(3)When a party has made an objection to the measures taken by the presiding judge under the provisions of paragraph (1), the court, by an order, makes a judicial decision on the objection.

Article 203-3(1)If the presiding judge finds that, due to the nature of the case, the age or the mental or physical condition of the witness, the relationship between the witness and either one of the parties or their legal representative (including the fact that the witness is a person who has suffered harm from the crime committed by the party or legal representative; the same applies in item (ii) of the following Article), or any other circumstances, the witness is likely to feel pressure and have their mental well-being seriously harmed while making a statement in the presence of either one of the parties or their legal representative (including when using the method provided for in that Article), and the presiding judge finds it to be appropriate to do so, then the presiding judge may take measures so that it is impossible for either one of the parties or their legal representative and the witness to be aware of each other's presence or only one can be aware of the other.

(2)If the presiding judge finds it to be appropriate in consideration of the nature of the case, the fact that the witness is a person who has suffered harm due to the crime, the age of the witness, the impact on the witness's mental or physical condition or reputation, or any other circumstances, the presiding judge may take measures so that it is impossible for the observer and the witness to be aware of each other's presence.

(3)The provisions of paragraph (3) of the preceding Article apply mutatis mutandis to the measures taken by the presiding judge under the provisions of the preceding two paragraphs.

Article 204In any of the cases stated in the following and if the court finds it to be appropriate, it may examine the witness, as provided by the Rules of the Supreme Court, using a means that enables persons to communicate with one another through audio and visual transmissions while gaining an awareness of one another' situation:

Article 205(1)If neither party has any objection and the court finds it to be appropriate, the court may have a witness submit a paper document in lieu of conducting an examination of that witness.

(2)As provided for by the Rules of the Supreme Court, in lieu of submitting a paper document under the provisions of the preceding paragraph, a witness may use an electronic data processing system specified by the Rules of the Supreme Court to record the information required to be given in the paper document in the court's computer files, or may submit a recording medium containing an electronic or magnetic record of the information required to be given in that paper document. Having done so, the witness is deemed to have submitted the paper document under that paragraph.

(3)The court must present the information given in a paper document under paragraph (1), or the information recorded in the court's computer files or the information recorded in a recording medium under the preceding paragraph, pursuant to the provisions of the preceding paragraph.

Article 206If an authorized or commissioned judge examines a witness, that judge performs the duties of the court and the presiding judge; provided, however, that a judicial decision on an objection under the provisions of Article 202, paragraph (3) is reached by the court in charge of the case.

Article 207(1)The court, upon petition or sua sponte, may examine the parties themselves. To do so, the court may have the party in question swear under oath.

(2)If examining both a witness and one of the parties themselves, the court examines the witness first; provided, however, that when the court finds it appropriate, it may examine the party in question first, after hearing the opinions of the parties.

Article 208If one of the parties themselves is to be examined and that party, without a legitimate reason, fails to appear or refuses to swear under oath or enter a statement, the court may find that the opposing party's allegations concerning the matters for examination are true.

Article 209(1)If a party who has been sworn in enters a false statement, the court issues a ruling sentencing the party to a civil fine of not more than 100,000 yen.

(2)An immediate appeal may be filed against the ruling referred to in the preceding paragraph.

(3)In a case as referred to in paragraph (1), if the party who has entered the false statement admits that the statement is false while litigation is pending, the court may set aside the ruling referred to in that paragraph, depending on the circumstances.

Article 210The provisions of Article 195; Article 201, paragraph (2); Articles 202 through 204; and Article 206 apply mutatis mutandis to the examination of the parties themselves.

Article 211The provisions of this Code concerning the examination of the parties themselves apply mutatis mutandis with regard to a legal representative who represents a party in litigation; provided, however, that this does not preclude the examination of the parties themselves.

Article 212(1)A person who has the relevant knowledge and experience necessary to give expert testimony bears the obligation to give expert testimony.

(2)A person of the same status as a person who may refuse to testify or refuse to swear under oath pursuant to the provisions of Article 196 or Article 201, paragraph (4), or a person prescribed in Article 201, paragraph (2), may not serve as an expert.

Article 213An expert is designated by the court in charge of the case or by an authorized or commissioned judge.

Article 214(1)If there are circumstances in which an expert is involved that could prevent expert testimony from being given in good faith, a party may challenge the expert before the expert enters a statement about a matter involved in the expert testimony. The same applies if, after an expert enters a statement, any grounds for challenge occur or a party becomes aware of the existence of any grounds for challenge.

(2)A motion to challenge must be filed with the court in charge of the case or with an authorized or commissioned judge.

(3)No appeal may be entered against a ruling finding grounds for challenge.

(4)An immediate appeal may be filed against a ruling finding no grounds for challenge.

Article 215(1)The presiding judge may have an expert state an opinion in writing or orally.

(2)In lieu of providing an opinion in the form of a paper document pursuant to the provisions of the preceding paragraph, an expert as referred to in that paragraph may provide an opinion using an electronic data processing system as specified by the Rules of the Supreme Court to record the information to be stated in that document in the court's computer files or by submitting a recording medium on which an electronic or magnetic record of the information to be stated in the paper document has been recorded, as provided for by the Rules of the Supreme Court. Having done so, the expert is deemed to have used a paper document to provide an opinion pursuant to the provisions of that paragraph.

(3)If the court has an expert state an opinion and finds it to be necessary in order to clarify the content of the opinion or confirm its basis, the court, upon petition or sua sponte, may have the expert state further opinions.

(4)The court must present the information detailed in a document under paragraph (1), or the information recorded in the court's computer files pursuant to the provisions of paragraph (2) or the particulars recorded in a recording medium as referred to in that paragraph.

Article 215-2(1)If the court has an expert state an opinion orally, it may ask the expert questions after the expert has stated their opinion.

(2)The questions referred to in the preceding paragraph are asked by the presiding judge, the party requesting the expert testimony, and the other party, in that order.

(3)If the presiding judge finds it to be appropriate, the judge may change the order referred to in the preceding paragraph, after hearing the opinions of the parties.

(4)If a party objects to a change under the provisions of the preceding paragraph, the court reaches a judicial decision on the objection in the form of a ruling.

Article 215-3If the court will have an expert state an opinion orally and the court finds it to be appropriate, it may have an expert state an opinion, as provided for by the Rules of the Supreme Court, using a means that enables persons to communicate with one another through audio and visual transmissions while gaining an awareness of one another' situation.

Article 215-4If an authorized or commissioned judge has an expert state an opinion, that judge performs the duties of the court and the presiding judge; provided, however, that a judicial decision on an objection under the provisions of Article 215-2, paragraph (4) is reached by the court in charge of the case.

Article 216The provisions of Article 191 apply mutatis mutandis if the court has a public officer or person who was a public officer state an opinion as an expert with regard to any confidential information in connection with that person's duties, the provisions of Articles 197 through 199 apply mutatis mutandis if an expert refuses to give expert testimony, the provisions of Article 201, paragraph (1) applies mutatis mutandis if the court has an expert swear under oath, and the provisions of Articles 192 and 193 apply mutatis mutandis if an expert fails to appear without a legitimate reason for failing to do so, if an expert refuses to swear under oath, and if, after a judicial decision finding no grounds for refusal to give expert testimony has become final and binding, the expert still refuses to give expert testimony, without a legitimate reason for refusing to do so.

Article 217An examination regarding facts that an expert has learned based on that expert's special knowledge and experience is governed by the provisions on the examination of a witness.

Article 218(1)If the court finds it to be necessary, it may request a government agency or public office, a foreign government agency or public office, or a corporation that has adequate equipment to give expert testimony. In such a case, the provisions of this Section, except for those concerning swearing under oath, apply mutatis mutandis.

(2)In a case as referred to in the preceding paragraph, if the court finds it to be necessary, it may have a person designated by the government agency, public office, or corporation give an explanation of a paper document or electronic or magnetic record containing the results of expert testimony.

(3)In the case referred to in paragraph (1), the court must present the results of expert testimony connected with the request referred to in that paragraph to the parties.

Article 219Documentary evidence must be offered through the submission of a document or a request for the court to order the person in possession of a document to submit that document.

Article 220In the following cases, the person in possession of the document in question may not refuse to submit that document:

Article 221(1)In petitioning for an order to submit a document, the following particulars must be made clear:

(2)It is not permissible for a petition for an order to submit a document to be filed on the grounds that the document falls under any of the categories listed in item (iv) of the preceding Article, unless it is necessary to offer documentary evidence by way of a petition for an order to submit a document.

Article 222(1)If a person files a petition for an order to submit a document but it is extremely difficult to clarify the particulars stated in paragraph (1), item (i) or (ii) of the preceding Article, it is sufficient for the person, in lieu of those particulars, to clarify any particulars by which the person in possession of the document can identify the document that the petition concerns, when filing the petition. In such a case, the petitioner must ask the court to request the person in possession of the document to clarify the particulars stated in item (i) or item (ii) of that paragraph.

(2)When a motion under the provisions of the preceding paragraph is made, unless the petition for an order to submit the document is clearly groundless, the court may request the person in possession of the document to clarify the particulars referred to in the second sentence of that paragraph.

Article 223(1)If the court finds there to be grounds for a petition for an order to submit a document, it issues a ruling ordering the person in possession of the document to submit the document. In such a case, if the document contains any part that it is found unnecessary to examine or which cannot be found to be subject to the obligation to submit, the court may order the submission of the document excluding the part.

(2)Before seeking to order a third party to submit a document, the court must hear the third party.

(3)If a petition for an order to submit a document has been filed with regard to a document concerning confidential information connected with a public officer's duties on the grounds that the document falls under any of the categories stated in Article 220, item (iv), unless the petition is clearly groundless, the court must hear the opinion of the supervisory government agency concerned (in the case of a member of the House of Representatives or House of Councillors or a person who held the office, the relevant House; in the case of the Prime Minister or any other Minister of State or a person who held the office, the Cabinet) as to whether the document in question falls under the category of document stated in Article 220, item (iv), (b). In such a case, if the supervisory government agency states the opinion that the document falls under the category of document stated in Article 220, item (iv), (b), it must specify the reasons for this.

(4)In a case as referred to in the preceding paragraph, if that supervisory government agency has stated the opinion that that document falls under the category of document stated in Article 220, item (iv), (b) on the grounds that submission of that document would cause any of the following risks, the court may order the person in possession of the document to submit the document only if it cannot find sufficient reasonable grounds for that opinion:

(5)In a case as referred to in the first sentence of paragraph (3), if that supervisory government agency intends to state its opinion about a document that details particulars involving a technical or professional secret of a third party other than the person in possession of that document, it must hear the opinion of that third party in advance of doing so, unless it intends to state the opinion that the document falls under the category of document stated in Article 220, item (iv), (b).

(6)If the court finds it to be necessary in order to determine which of the categories of documents stated in Article 220, item (iv), (a) through (d) the document that the petition for an order to submit a document concerns falls under, the court may have the person in possession of the document present the document. In such a case, no person may request the document so presented to be disclosed.

(7)An immediate appeal may be filed against a ruling on a petition for an order to submit a document.

Article 224(1)If a party does not comply with an order to submit a document, the court may find the adverse party's allegations concerning the details of that document to be true.

(2)The provisions of the preceding paragraph also apply if a party, for the purpose of preventing the adverse party from using it, has caused a document that there is an obligation to submit to be lost or otherwise unusable.

(3)In the cases prescribed in the preceding two paragraphs, if it is extremely difficult for the adverse party to make specific allegations in connection with the details of that document and to prove, by other evidence, a fact that is to be proven by the document, the court may find that the adverse party's allegations concerning that fact are true.

Article 225(1)If a third party does not comply with an order to submit a document, the court issues a ruling sentencing the third party to a civil fine of not more than 200,000 yen.

(2)An immediate appeal may be filed against a ruling as referred to in the preceding paragraph.

Article 226Notwithstanding the provisions of Article 219, documentary evidence may be offered by petitioning the court to request the person in possession of the document to send the document; provided, however, that this does not apply if a party may request the issuance of an authenticated copy or transcript of the document pursuant to law or regulation.

Article 227(1)If the court finds it necessary, it may retain a document submitted or sent to it.

(2)The provisions of Article 132-13 do not apply to the document that was submitted or sent.

Article 228(1)A document must be proven to be of authentic provenance.

(2)If a document is found, in light of its form and purport, to have been prepared by a public officer in the course of duties, it is presumed to be an official document of authentic provenance.

(3)If there is any doubt about the authenticity of an official document's provenance, the court may inquire of the that government agency or public office sua sponte.

(4)If a private document has been signed by, or bears the seal of, the principal or an agent, it is presumed to be of authentic provenance.

(5)The provisions of paragraphs (2) and (3) apply mutatis mutandis to a document that is found to have been prepared by a foreign government agency or public office.

Article 229(1)The authenticity or inauthenticity of a document's provenance may be proven by a comparison of handwriting or seal impressions.

(2)The provisions of Article 219; Article 223; Article 224, paragraphs (1) and (2); Article 226; and Article 227, paragraph (1) apply mutatis mutandis to the submission or sending of a document or any other object that contains the handwriting or seal impression to be used for comparison.

(3)If there is no sample of the adverse party's handwriting which is suitable for comparison, the court may order the adverse party to write graphic symbols to be used for comparison.

(4)If the adverse party fails to comply with a ruling as referred to in the provisions of the preceding paragraph without a legitimate reason for failing to do so, the court may find the allegations of the party that offers evidence concerning the authenticity or inauthenticity of the document's provenance to be true. The same applies if the adverse party writes the graphic symbols in a style of handwriting that is different from the adverse party's own.

(5)If a third party fails to comply with a ruling to submit under the provisions of Article 223, paragraph (1) as applied mutatis mutandis pursuant to paragraph (2) without a legitimate reason for failing to do so, the court issues a ruling sentencing the third party to a civil fine of not more than 100,000 yen.

(6)An immediate appeal may be filed against a ruling as referred to in the preceding paragraph.

Article 230(1)If a party or their agent, intentionally or through gross negligence, has diverged from the truth in challenging the authenticity of a document's provenance, the court issues a ruling sentencing that person to a civil fine of not more than 100,000 yen.

(2)An immediate appeal may be filed against a ruling as referred to in the preceding paragraph.

(3)In a case as referred to in paragraph (1), if the party or agent that challenges the authenticity of a document's provenance admits, while litigation is pending, that the document is of authentic provenance the court may set aside the ruling referred to in that paragraph, depending on the circumstances.

Article 231The provisions of this Section apply mutatis mutandis to drawings, photographs, audiotapes, videotapes, and any other objects prepared for the purpose of indicating information, other than documents.

Article 231-2(1)A person must file a request for the court to examine evidence in connection with the content of information recorded in an electronic or magnetic record while either submitting the electronic or magnetic record or petitioning the court to order the person with the authority to use that electronic or magnetic record to submit it.

(2)As provided for by the Rules of the Supreme Court, a person must submit an electronic or magnetic record under the provisions of the preceding paragraph by submitting a recording medium on which the electronic or magnetic record has been recorded or by using an electronic data processing system as specified by the Rules of the Supreme Court.

Article 231-3(1)The provisions of Articles 220 through 228 (excluding paragraph (4) of that Article) and Article 230 apply mutatis mutandis to the examination of evidence under paragraph (1) of the preceding Article. In such a case, the phrase "the person in possession of a document" in Article 220, Article 221, paragraph (1), item (iii), Article 222, Article 223, paragraph (1) and paragraphs (4) through (6) and Article 226 is deemed to be replaced with "the person with the authority to use an electronic or magnetic record"; the phrase "personally in possession of a document" in Article 220, item (i) is deemed to be replaced with "personally authorized to use an electronic or magnetic record"; the term "deliver" in item (ii) of that Article is deemed to be replaced with "provide"; the phrase "a document held by the State or a local public entity" in item (iv)(d) of that Article is deemed to be replaced with "an electronic or magnetic record that the State or a local public entity is authorized to use"; the terms "documents" and "a document" in (e) of that item are deemed to be replaced with "electronic or magnetic records" and "an electronic or magnetic record recorded in a recording medium", respectively; the phrase "order to submit documents" in Article 221 (including the title), Article 222, the title of Article 223, Article 223, paragraphs (1), (3), (6) and (7), the title of Article 224, Article 224, paragraph (1), the title of Article 225 and Article 225, paragraph (1) is deemed to be replaced with "order to submit electronic or magnetic records"; the phrase "the content of that document" in Article 224, paragraphs (1) and (3) is deemed to be replaced with "the content of information recorded in the electronic or magnetic records"; the phrase "Article 219" in Article 226 is deemed to be replaced with "Article 231-2, paragraph (1)"; the phrase "the issuance of an authenticated copy or transcript of the document" in the proviso to that Article is to be deemed to be replaced with "the issuance of a document certifying the full particulars of information recorded in the electronic or magnetic record or the provisions of an electronic or magnetic record certifying the full particulars of the information"; the term "a document" in Article 227 is deemed to be replaced with "a recording medium storing electronic or magnetic record"; the phrase "an official document of authentic provenance" in Article 228, paragraph (2) is deemed to be replaced with "of authentic provenance"; and the term "an official document" in paragraph (3) of that Article is deemed to be replaced with "an electronic or magnetic record to be created by a public office or public officer".

(2)As provided for by the Rules of the Supreme Court, a person is to submit an electronic or magnetic record subject to an order under Article 223, paragraph (1) as applied mutatis mutandis pursuant to the preceding paragraph or to transmit electronic or magnetic records subject to a request under Article 226 as applied mutatis mutandis pursuant to the preceding paragraph by submitting or sending a recording medium on which the electronic or magnetic record has been stored or by using an electronic data processing system as specified by the Rules of the Supreme Court.

Article 232(1)The provisions of Articles 219, 223, 224, 226, and 227, paragraph (1) apply mutatis mutandis to the presentation or sending of an object for inspection.

(2)If a third party fails to comply with an order to submit under the provisions of Article 223, paragraph (1) as applied mutatis mutandis pursuant to the preceding paragraph without a legitimate reason for failing to do so, the court issues a ruling sentencing the third party to a civil fine of not more than 200,000 yen.

(3)An immediate appeal may be filed against a ruling as referred to in the preceding paragraph.

Article 232-2If neither party objects and the court finds it to be appropriate, the court may inspect evidence using a means that enables it to gain an awareness of the state of the thing being inspected through audio and visual transmissions, as provided by the Rules of the Supreme Court.

Article 233If the court or an authorized or commissioned judge finds that it will be necessary in the inspection of evidence, the court or judge may order expert testimony.

Article 234If the court finds circumstances to be such that, unless the examination of evidence is conducted in advance, it will be difficult to use the evidence, the court, upon petition, may conduct an examination of the evidence under the provisions of this Chapter.

Article 235(1)A petition for the preservation of evidence that is filed after the filing of an action, must be filed with the court of the instance in which the evidence is to be used; provided, however, that during the time from after the first date for oral arguments has been designated or from after the case is referred to preparatory proceedings or written preparatory proceedings until oral arguments are concluded, such a petition must be filed with the court in charge of the case.

(2)A petition for the preservation of evidence that is filed before the filing of an action, must be filed with the district court or summary court that has jurisdiction over the residence of the person to be examined, person in possession of the document in question, or person with the authority to use the electronic or magnetic records or the location of the object to be inspected.

(3)If there are pressing circumstances, a petition for the preservation of evidence may be filed with the district court or summary court referred to in the preceding paragraph, even after the filing of an action.

Article 236A petition for the preservation of evidence may be filed even if the adverse party cannot be designated. In such a case, the court may appoint a special representative on behalf of the person that would be the adverse party.

Article 237If the court finds it to be necessary, while litigation is pending, it may issue a ruling to preserve evidence sua sponte.

Article 238No appeal may be entered against a ruling to preserve evidence.

Article 239In a case as referred to in the proviso to Article 235, paragraph (1), the court may have an authorized judge examine evidence.

Article 240The petitioner and the adverse party must be summoned to appear on a date for examination of evidence; provided, however, that this does not apply in a case requiring urgency.

Article 241Expenses for the preservation of evidence constitute part of the court costs.

Article 242If a party has requested that a witness who was examined during proceedings for the preservation of evidence be examined during oral arguments, the court must examine the witness.