Code of Civil Procedure

If the court finds that it will need to have a technical adviser participate during deliberations on the necessary matters involved in the arrangement of issues and evidence or the progress of litigation proceedings in order to clarify a matter related to the litigation or create a framework for smooth progress in the litigation proceedings, the court, after hearing the opinions of the parties, may rule to have a technical adviser participate in the proceedings so as to hear an explanation based on the adviser's expert knowledge. In such a case, the presiding judge must have the adviser give an explanation in writing or orally on a date for oral arguments or preparatory proceedings.

In lieu of providing an explanation in the form of a paper document under the provisions of the preceding paragraph, a technical adviser may provide an explanation using an electronic data processing system as provided for by the Rules of the Supreme Court to record the information to be stated in the paper 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.

If the court finds that it will need to have a technical adviser participate during the examination of evidence in order to clarify a matter related to the litigation or the import of the results of the examination of evidence, the court, after hearing the opinions of the parties, may rule to have a technical adviser participate in the proceedings on a date for the examination of evidence, so as to hear an explanation based on the adviser's expert knowledge. In such a case, in order to have the adviser give an explanation on a date for the examination of a witness or the parties themselves or on a date for the questioning of an expert, the presiding judge, with the consent of the parties, may permit the adviser to directly ask the witness, the parties themselves, or the expert questions about things about which questions need to be asked in order to clarify a matter that is related to the litigation or to clarify the import of the results of the examination of evidence.

If the court finds that it will be necessary during an attempt to arrange a settlement, the court, with the consent of the parties, may rule to have a technical adviser participate in the proceedings on a date when the court will attempt to arrange a settlement and on which both parties are able to attend, so as to hear an explanation based on the adviser's expert knowledge.

If the court has a technical adviser participate in proceedings pursuant to the provisions of paragraphs (1), (3) and (4) of the preceding Article and the court finds it appropriate, the court, after hearing the opinions of the parties, may have the technical adviser give an explanation or ask questions pursuant to paragraphs (1), (3) and (4) of that Article on a date as referred to in paragraphs (1), (3) and (4) of that Article, as provided for by the Rules of the Supreme Court, in a way that enables the court and both parties to communicate with the technical adviser at the same time, through audio transmissions.

If the court finds it to be appropriate, it is permitted to set aside a ruling to have a technical adviser participate in the proceedings, upon petition or sua sponte; provided, however, that the court is required to set aside such a ruling if both parties so petition.

The number of technical advisers is one or more for each case.

Any technical adviser who the court has participate in the proceedings pursuant to the provisions of Article 92-2 is designated by the court for each case, after the opinions of the parties are heard.

Technical advisers serve the court on an irregular basis; the Rules of the Supreme Court provide for the necessary particulars concerning their appointment and dismissal.

A technical adviser is paid an allowance as separately provided for by law, as well as travel expenses, a daily allowance, and accommodation costs in the amounts specified by the Rules of the Supreme Court.

The provisions of Articles 23 through 25 (excluding paragraph (2) of that Article) apply mutatis mutandis to a technical adviser.

Once a petition to disqualify or challenge a technical adviser is filed, the technical adviser may not participate in the proceedings of the case with respect to which the petition has been filed until the ruling on the petition becomes final and binding.

If an authorized or commissioned judge conducts the procedures stated in paragraphs (1), (3) and (4) of Article 92-2, that judge performs the duties of the court and those of the presiding judge under the provisions of that Article through Article 92-4 and Article 92-5, paragraph (2); provided, however, that if an authorized judge carries out the procedures stated in Article 92-2, paragraph (3), the ruling to have a technical adviser participate in the proceedings, the revocation of such a ruling, and the designation of the technical adviser is made by the court in charge of the case.

If the court finds it to be necessary, it may have the judicial research official who is in charge of conducting research in connection with the trial and judicial decision in a case involving intellectual property at a high court or district court, fulfill the following functions in that case. In such a case, that judicial research official, as ordered by the presiding judge, is to fulfill those functions:

asking questions of the parties or urging them to offer proof with regard to factual or legal matters, on the following court dates or in the following proceedings, in order to clarify a matter that is related to the litigation:

a date for oral arguments or hearing;

proceedings for arranging issues or evidence;

proceedings for determining whether there exists an obligation to submit a document or electronic or magnetic record or an obligation to present an object for inspection;

proceedings for deliberating on the matters involved in the arrangement of issues or evidence or any other necessary matters involved in the progress of litigation proceedings.

asking questions directly of a witness, the parties themselves, or an expert on a date for the examination of evidence;

giving an explanation based on expert knowledge on a date for attempting to arrange a settlement;

stating opinions about the case to a judge.

The provisions of Articles 23 through 25 apply mutatis mutandis to a judicial research official who fulfills the functions referred to in the preceding Article.

If a petition has been filed to disqualify or challenge a judicial research official who fulfills the functions referred to in the preceding Article, the judicial research official may not participate in the case for which the petition has been filed until the ruling on the petition becomes final and binding.

The presiding judge designates and changes court dates upon petition or sua sponte.

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

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.

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.

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:

serving an electronic writ of summons (meaning an electronic or magnetic record that the court clerk prepares by recording, as provided by the Rules of the Supreme Court, the date and place that the person who is required to appear is required to appear, in order to notify that person that they are required to appear on the court date designated by the presiding judge; the same applies in the following paragraph and Article 256, paragraph (3)) that has been recorded in the court's computer files, on the person who is required to appear; or

announcing the court date to a person who has appeared in connection with the case.

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.

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.

The computation of a time frame is governed by the provisions of the Civil Code on periods of time.

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.

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.

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.

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.

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.

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.

Except as otherwise provided, the court effects service by its own authority.

The court clerk handles the administrative functions involved in service.

If multiple persons jointly hold the authority to act as a person's legal representative, it is sufficient to serve one of them.

Service that would otherwise be effected on a person who is in a penal institution is effected on the head of the penal institution.

A person who has effected service must prepare a paper document, enter information about the service in it, and submit it to the court.

In a case as referred to in the preceding paragraph, in lieu of submitting a paper document under the provisions of that paragraph, the person who effected the service may record the information to be stated in that paper document in the court's computer files using an electronic data processing system specified by the Rules of the Supreme Court, or may submit a recording medium containing an electronic or magnetic record of the information to be stated in that paper document, as provided for by the Rules of the Supreme Court. In such a case, the person who effected the service is deemed to have submitted the paper document referred to in that paragraph.