Code of Civil Procedure

If a person seeking to file an action provides written advance notice to the would-be defendant in the action that the person plans to file that action (referred to below as "advance notice" in this Chapter), the person providing the advance notice (referred to below as the "person providing advance notice" in this Chapter), within four months after providing that notice and before filing the action, may specify a reasonable time frame for response and direct a written inquiry to the person receiving the advance notice (referred to below as a "recipient of advance notice" in this Chapter), in order to elicit from that person a response in writing, or, at the option of the recipient of advance notice, in writing or by electronic or magnetic means (meaning one of the means that the Rules of the Supreme Court specifies of using an electronic data processing system or making use of telecommunications technology; the same applies below), with regard to information that will clearly be necessary for preparing allegations or proof if the action is filed; provided, however, that this does not apply if the inquiry falls under any of the following items:

an inquiry that falls under any of the items of paragraph (1) of Article 163;

an inquiry into the particulars of a confidential matter in the private life of the adverse party or a third party, any response to which would be likely to substantially interfere with the adverse party's or third party's public life;

an inquiry into the particulars of a trade secret of the adverse party or a third party.

The provisions of item (ii) of the preceding paragraph do not apply to an inquiry into the particulars of a confidential matter in the private life of a third party as prescribed in item (ii) of the preceding paragraph, and the provisions of item (ii) of that paragraph do not apply to an inquiry into the trade secret of a third party as prescribed in item (iii) of that paragraph, if the third party in question authorizes the adverse party to respond to the inquiry.

Written advance notice must detail the substance of the claim behind the action that the person intends to file and the essential points of the dispute.

In lieu of the written advance notice under the provisions of paragraph (1), the person who provides advance notice may do so by electronic or magnetic means, with the consent of the recipient. In such a case, the person who provides the advance notice is deemed to have provided the written advance notice under the provisions of that paragraph.

In lieu of the written inquiry under the provisions of paragraph (1), the person providing advance notice may provide this by electronic or magnetic means, with the consent of the recipient.

A recipient of advance notice (other than one who has received an inquiry asking for a response 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 the consent of the person providing the advance notice. In such a case, the recipient of advance notice is deemed to have provided a written response under the provisions of that paragraph.

It is not permissible for an inquiry as referred to in paragraph (1) to be made based on an advance notice that duplicates any previous advance notice.

After a recipient of advance notice responds to the advance notice of the person providing it by giving the person a written summary of the recipient's answers to the substance of the claim and essential points of dispute referred to in paragraph (3) of the preceding Article that the person has detailed in the written advance notice they have provided, the recipient, within four months after the day on which the advance notice was provided and before the action is filed, may specify a reasonable time frame for response and direct a written inquiry to the person providing advance notice, in order to elicit from that person a response in writing, or, at the option of the person providing the advance notice, in writing or by electronic or magnetic means, with regard to information that will clearly be necessary for preparing allegations or proof if the action is filed.

The provisions of the proviso to paragraph (1) as well as the provisions of paragraph (2) and paragraphs (4) through (6) of the preceding Article apply mutatis mutandis to a case as referred to in the preceding paragraph. In such a case, the term "written advance notice" in paragraph (4) of that Article is deemed to be replaced with "written response", and the term "advance notice by electronic or magnetic means" is deemed to be replaced with "response by electronic or magnetic means".

It is not permissible for an inquiry as referred to in paragraph (1) to be made based on a response to an advance notice that duplicates any previous advance notice.

If the court, at the petition of the person providing advance notice or of a recipient of advance notice that has responded as referred to in paragraph (1) of the preceding Article, finds that it is difficult for the petitioner to collect evidence that will clearly be necessary as proof if the action for which advance notice has been provided is filed, the court, after hearing the opinions of the adverse party to the advance notice or the response (simply referred to below as the "adverse party" in this Chapter) and before the action is filed, may reach one of the following dispositions in connection with the collection of evidence; provided, however, that this does not apply if the court finds that doing so would be inappropriate due to the time that would be required for the collection of evidence or the unreasonable burden that it would place on the person that would undertake the request:

requesting the person in possession of a document (including an object prescribed in Article 231; the same applies in this Chapter) to send that document, or requesting the person with the authority to use an electronic or magnetic record to send that record;

requesting a government agency or public office, a foreign government agency or public office, or a school, chamber of commerce, exchange, or other such organization (referred to as a "prescribed agency or organization" in paragraph (1), item (ii) of the following Article) to conduct the necessary examination;

requesting a person who has expert knowledge and experience to state an opinion based on their expert knowledge and experience;

ordering a court enforcement officer to conduct an examination into the form, possession, or other current conditions of an object.

A petition for a disposition as referred to in the preceding paragraph must be filed within an inalterable time frame of four months from the day on which the advance notice is provided; provided, however, that this does not apply if the adverse party consents to the petition's being filed after the expiration of this time frame.

It is not permissible for a petition for a disposition as referred to in paragraph (1) to be filed based on an advance notice that duplicates any previous advance notice or based on the response to a duplicate advance notice.

After having reached a disposition as referred to in paragraph (1), the court may void that disposition if it finds that the disposition has come to be inappropriate due to the circumstances prescribed in the proviso to that paragraph.

A petition for a disposition listed in one of the following items must be filed with the district court of jurisdiction for the place specified in the relevant item:

a petition for the disposition referred to in paragraph (1), item (i) of the preceding Article:the locality that constitutes the general venue for an action involving the petitioner or for an action involving the adverse party, or the residence of the person in possession of the document or the person with the authority to use the electronic or magnetic record;

a petition for the disposition referred to in paragraph (1), item (ii) of the preceding Article:the locality that constitutes the general venue for an action involving the petitioner or for an action involving the adverse party, or the locality of the prescribed agency or organization that would undertake the request for the examination;

a petition for the disposition referred to in paragraph (1), item (iii) of the preceding Article:the locality that constitutes the general venue for an action involving the petitioner or for an action involving the adverse party, or the location of the specific object about which the request would be issued for a statement of opinions;

a petition for the disposition referred to in paragraph (1), item (iv) of the preceding Article:the location of the object connected with the examination.

The provisions of Article 16, paragraph (1), Articles 21 and 22 apply mutatis mutandis to a case that involves a petition for a disposition as referred to in paragraph (1) of the preceding Article.

If the court reaches a disposition as referred to in Article 132-4, paragraph (1), items (i) through (iii), it must specify a time frame during which the person issued the request is required to send the document or electronic or magnetic record, report the examination results, or state an opinion.

A report of examination results connected with a request as referred to in Article 132-4, paragraph (1), item (ii) or an order as referred to in Article 132-4, paragraph (1), item (iv), or a statement of opinion connected with a request as referred to in Article 132-4, paragraph (1), item (iii) must be offered by means of a paper document.

In lieu of providing a written report of examination results or statement of opinions under the provisions of the preceding paragraph, a person who has received a request under Article 132-4, paragraph (1), item (ii) or (iii) or an order under item (iv) of that paragraph (collectively referred to below as a "requested party" in this paragraph) may provide that report or statement by using an electronic data processing system as specified by the Rules of the Supreme Court to record the information to be stated in the paper document into the court's computer files, or by submitting a recording medium containing an electronic or magnetic record of that information, as provided by the Rules of the Supreme Court. Having done so, the requested party is deemed to have provided the written report of examination results or statement of opinions under the provisions of that paragraph.

If a document or electronic or magnetic record has been sent, the results of an examination have been reported, or an opinion has been stated based on a disposition as referred to in Article 132-4, paragraph (1), the court must notify the petitioner and the adverse party of this. In such a case, the provisions of Article 132-13 do not apply to the document that has been sent, the recording medium in which the electronic or magnetic records that have been sent are recorded, the paper document containing the report of examination results or statement of opinions, or the recording medium in which the electronic or magnetic records containing that report or statement are recorded.

The court must retain any document or electronic or magnetic record sent to it and any paper document or electronic or magnetic record containing a report of examination results or statement of opinion for the one-month period from the day on which the court notifies the petitioner and the adverse party as prescribed in the provisions of the preceding paragraph, in order to provide them for the petitioner's and the adverse party's use through the process specified in the following Article.

The provisions of Article 180, paragraph (1) apply mutatis mutandis to a disposition as referred to in Article 132-4, paragraph (1), the provisions of Article 184, paragraph (1) apply mutatis mutandis to a disposition as referred to in Article 132-4, paragraph (1), items (i) through (iii), the provisions of Article 213 apply mutatis mutandis to a disposition as referred to in Article 132-4, paragraph (1), item (iii), and the provisions of Article 231-3, paragraph (2) apply mutatis mutandis to a disposition as referred to in Article 132-4, paragraph (1), item (i).

The provisions of Article 91 (excluding paragraph (2)) apply mutatis mutandis to a request for access to a hard-copy record of a disposition on the collection of evidence (meaning a request to inspect or copy records of a case in which there has been a petition for a disposition as referred to in Article 132-4, paragraph (1) (other than a part of those records that constitutes information from the court's computer files), to be issued an authenticated copy, transcript, or extract of those records, or for a reproduction of these records to be created; the same applies in Article 133, paragraph (3)); the provisions of Article 91-2 apply mutatis mutandis to a request for access to the electronic or magnetic record of a disposition on the collection of evidence (meaning a request to inspect or copy a part of the information from the court's computer files that appears in the records of a case in which there has been a petition for a disposition as referred to in Article 132-4, paragraph (1), to be issued a paper document certifying the whole or part of the information from the court's computer files, or to be provided with an electronic or magnetic record certifying the whole or part of the information from the court's computer files; the same applies in Article 133, paragraph (3)); and the provisions of Article 91-3 apply mutatis mutandis to a request to be issued a paper document certifying information in a case in which there has been a petition for the disposition referred to in Article 132-4, paragraph (1) or to be provided with an electronic or magnetic record certifying that information. This being the case, the phrase "Any person" in Article 91, paragraph (1) and Article 91-2, paragraph (1) is deemed to be replaced with "A petitioner or adverse party", the phrase "a party to the case or a third party that makes a prima facie showing of interest in the case" in Article 91, paragraph (3), Article 91-2, paragraphs (2) and (3) and Article 91-3 is deemed to be replaced with "the petitioner or the adverse party", and the phrase "a party to the case or a third party that makes a prima facie showing of interest in the case" in Article 91, paragraph (4) is deemed to be replaced with "the petitioner or the adverse party".

No appeal may be entered against a judicial decision on a petition for a disposition as referred to in Article 132-4, paragraph (1).

Costs involved in a judicial decision on a petition for a disposition as referred to in Article 132-4, paragraph (1) are borne by the petitioner.