Code of Civil Procedure

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.

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.

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.

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.

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:

a request to inspect or copy hard-copy case records (meaning hard-copy case records as provided in Article 91, paragraph (1)), or to be issued an authenticated copy, transcript, or extract of those records, or for those records to be reproduced (referred to as "access to hard-copy case records" in Article 92, paragraph (1));

a request to inspect or copy electronic or magnetic case records (meaning electronic or magnetic case records as prescribed in Article 91-2, paragraph (1)), to be issued a paper document certifying the whole or part of their content, or to be provided with electronic or magnetic records certifying the whole or part of their content (referred to as "access to electronic or magnetic case records" in Article 92, paragraph (1)); and

a request to issue a paper document certifying information concerning the litigation as prescribed in Article 91-3, or to provide electronic or magnetic records certifying that information.

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

if the supporting intervener is unable to perform a procedural act, pursuant to the provisions of the proviso to paragraph (1) of the preceding Article;

if a procedural act by the supporting intervener is invalid, pursuant to the provisions of paragraph (2) of the preceding Article;

if the party being supported in the intervention interferes with a procedural act by the supporting intervener;

if the party being supported in the intervention intentionally or negligently fails to perform a procedural act that a supporting intervener is not permitted to perform.

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.

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

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

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.

If 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.

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.

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.

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.

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

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).

The 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.

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.

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.

While litigation is pending, a party may notify a third party that is permitted to intervene in the litigation of that litigation.

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

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.

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.

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.

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

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.

A litigation representative must be specially entrusted in order to:

file a counterclaim;

withdraw an action, enter into a settlement, waive or acknowledge a claim, or effect a withdrawal from litigation under the provisions of Article 48 (including as applied mutatis mutandis pursuant to Article 50, paragraph (3) and Article 51);

file or withdraw an appeal to the court of second instance, a final appeal, or a petition as referred to in Article 318, paragraph (1);

withdraw an objection under the provisions of Article 360 (including as applied mutatis mutandis pursuant to Article 367, paragraph (2), Article 378, paragraph (2) and Article 381-7, paragraph (2)) or consent to its withdrawal;

appoint a representative.

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.

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.

If there are multiple litigation representatives, each one represents the party individually.

Any provisions the party makes that are contrary to the provisions of the preceding paragraph are invalid.

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

The following grounds do not cause a person's authority to act as a litigation representative to be extinguished:

a party's death or loss of capacity to sue or be sued;

the disappearance due to merger of a corporation that is a party;

termination of duties involved in a trust assigned to a trustee that is a party;

a legal representative's death or loss of capacity to sue or be sued, or extinguishment or modification of the legal representative's authority to act as a person's legal representative.

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.

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

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

A party or litigation representative, with the permission of the court, may appear with an assistant in court.

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

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.