Civil Enforcement Act

When the person stated in the following items files a petition or other statement with the court in relation to the cases provided in the respective items (including petitions or other statement filed with that court's presiding judge, authorized judge, commissioned judge, or court clerk; the same applies in the following Article), that petition or other statement must be filed by the means prescribed in paragraph (1) of the preceding Article; provided, however, that this does not apply when petitions or other statement that may be filed orally are, filed orally.

a representative who has been delegated a case (excluding a person who became a representative with approval pursuant to Article 13, paragraph (1) of this Act or the proviso to Article 54, paragraph (1) of the Code of Civil Procedure):the delegated case;

a person designated under Article 2, Article 5, paragraph (1), Article 6, paragraph (2), Article 6-2, paragraph (4) or (5), Article 6-3, paragraph (4) or (5), or Article 7, paragraph (3) of the Act on the Authority of the Minister of Justice over Suits Relating to the Interests of the State (Act No. 194 of 1947) (including cases where these provisions apply mutatis mutandis pursuant to Article 9 of that Act):the case subject to the designation; and

an official delegated under Article 153, paragraph (1) of the Local Autonomy Act (Act No. 67 of 1947):the delegated case.

The provisions of Article 132-11, paragraph (2) of the Code of Civil Procedure apply mutatis mutandis to the person stated in the items of the preceding paragraph, and the provisions of paragraph (3) of that Article apply mutatis mutandis tomotion or other statement prescribed in the main clause of the preceding paragraph, respectively.

When a motion or statement is filed with the court by document or other tangible medium (unless it is filed in violation of the provisions of paragraph (1) of the preceding Article) in a civil enforcement procedure, the court clerk must record in a file the matters detailed in that document or other tangible medium (excluding the matters prescribed in the following items in the cases stated in the respective items); provided, however, that this does not apply if there are circumstances that make it difficult to record these particulars in a file:

if, regarding the document or other tangible medium to which that motion or statement pertains, a petition as referred to in Article 92, paragraph (1) of the Code of Civil Procedure applicable mutatis mutandis pursuant to Article 20 (limited to those filed because the grounds stated in item (ii) of that paragraph exist; the same applies in this item) is filed together with that motion or statement, and the use of a trade secret (meaning a trade secret prescribed in Article 2, paragraph (6) of the Unfair Competition Prevention Act (Act No. 47 of 1993); this applies in this item and paragraph (1), item (i) of the following Article) detailed in that document or other tangible medium for purposes other than that of conducting the procedure or the disclosure of that trade secret would be detrimental to the business activities carried out by a party based on that trade secret, and the court finds it to be particularly necessary to prevent this (unless the petition referred to in that paragraph is denied or a judicial decision revoking a ruling on the petition referred to in Article 92, paragraph (1) of the Code of Civil Procedure applicable mutatis mutandis pursuant to Article 20 becomes final and binding):the trade secret detailed in that document or other tangible medium;

if a notification under Article 133, paragraph (2) of the Code of Civil Procedure applicable mutatis mutandis pursuant to Article 20 is submitted by a document or other tangible medium:the matters detailed in that document or other tangible medium; and

if, regarding the document or other tangible medium to which that motion or statement pertains, a petition referred to in Article 133-2, paragraph (2) of the Code of Civil Procedure applicable mutatis mutandis pursuant to Article 20 is filed together with that motion or statement and the court finds it to be necessary (unless the petition referred to in that paragraph is denied or a judicial decision revoking a ruling on the petition referred to in that paragraph becomes final and binding):the part containing concealed information prescribed in that paragraph which is detailed in that document or other tangible medium.

The provisions of Article 132-12, paragraphs (2) and (3) of the Code of Civil Procedure apply mutatis mutandis to service or delivery of a motion or statement with the court by a document or other tangible medium when the matters stated in the document or other tangible medium are recorded in a file pursuant to the provisions of the preceding paragraph.

A court clerk must file the matters recorded in a document or other tangible medium or recorded on a recording medium storing electronic or magnetic records submitted to the court pursuant to the provisions of this Act or any other laws and regulations in civil enforcement proceedings, in addition to documents or other tangible medium concerning a motion or statement prescribed in paragraph (1) of the preceding Article (excluding the particulars prescribed in the following items in the cases stated in the respective items).;provided, however, that this does not apply if there are circumstances that make it difficult to record these particulars in a file:

if, regarding the document or other tangible medium or recording medium, a petition referred to in Article 92, paragraph (1) of the Code of Civil Procedure applicable mutatis mutandis pursuant to Article 20 is filed together with these submissions, and the use of a trade secret detailed or recorded in that document or other tangible medium or recording medium for purposes other than the purpose of conducting the procedure or the disclosure of that trade secret would be detrimental to the business activities carried out by a party based on that trade secret, and the court finds it to be particularly necessary in order to prevent this(unless the petition is denied or a judicial decision revoking a ruling on the petition becomes final and binding):the trade secret detailed or recorded in that document or other tangible medium or recording medium;

if a notification under Article 133, paragraph (2) of the Code of Civil Procedure applicable mutatis mutandis pursuant to Article 20 is submitted through a recording medium:the matters detailed on that recording medium;

if, regarding the document or other tangible medium or recording medium, a petition referred to in Article 133-2, paragraph (2) of the Code of Civil Procedure applicable mutatis mutandis pursuant to Article 20 is filed together with these submissions, and the court finds it to be necessary (unless the petition is denied or a judicial decision revoking a ruling on the petition becomes final and binding):the part containing concealed information prescribed in that paragraph which is detailed or recorded in that document or other tangible medium or recording medium; and

if a decision under Article 133-3, paragraph (1) of the Code of Civil Procedure applicable mutatis mutandis pursuant to Article 20 is made and the court finds it to be necessary (unless a judicial decision revoking a ruling on the petition becomes final and binding):the matters detailed in documents or other tangible medium or recorded on a recording medium storing an electronic or magnetic record of the decision.

The provisions of Article 132-12, paragraphs (2) and (3) of the Code of Civil Procedure apply mutatis mutandis to service or delivery of a document or other tangible medium or a recording medium storing an electronic or magnetic record of the matters stated or recorded in the document or other tangible medium or recording medium storing an electronic or magnetic record are recorded in a file pursuant to the provisions of the preceding paragraph.

The provisions of Articles 19-2 through 19-4 apply mutatis mutandis to a motion or statement filed with a court enforcement officer, and the provisions of the preceding Article apply mutatis mutandis to a document or other tangible medium or a recording medium storing an electronic or magnetic record submitted to a court enforcement officer pursuant to the provisions of this Act of other laws and regulations in a civil enforcement procedure, respectively. In this case, the term "file" in Article 19-2, paragraph (1), Article 19-4, and the preceding Article is deemed to be replaced with "file stored on a computer (including input and output devices) used by the court enforcement officer," and the phrase "excluding a person who became a representative with approval pursuant to Article 13, paragraph (1) of this Act or the proviso to Article 54, paragraph (1) of the Code of Civil Procedure" in Article 19-3, paragraph (1), item (i) is deemed to be replaced with "limited to attorneys at law."

Unless otherwise provided, and unless contrary to its nature, the provisions of Part 1 through Part 4 of the Code of Civil Procedure apply mutatis mutandis to civil enforcement procedures. In this case, the phrase "the items of Article 132-11, paragraph (1)" in Article 109-4, paragraph (1) of the Code of Civil Procedure is deemed to be replaced with "the items of Article 19-3, paragraph (1) of the Civil Enforcement Act (including as replaced and applied mutatis mutandis pursuant to Article 19-6)."

Beyond what is provided for in this Act, the Rules of the Supreme Court provide the necessary matters concerning civil enforcement procedures.