Code of Civil Procedure

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

When offering evidence, a person must specify the fact that the evidence is meant to prove.

Evidence may be offered prior to court dates.

The court is not required to examine evidence offered by a party which the court considers to be unnecessary.

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.

The 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.

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

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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

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

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.

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.

The provisions of Part VII, Chapter II of the Code of Criminal Procedure (Act No. 131 of 1948) (excluding Articles 511 and 511-2 and Article 513, paragraphs (7) through (10)) apply mutatis mutandis to the execution of a judicial decision for a civil fine. In such a case, in paragraph (1) of that Article, the phrase "person or the thing that is the subject of the execution of the judicial decision" is deemed to be replaced with "person", and the phrase "the thing that is the subject of the execution of the judicial decision or the judicial decision" is deemed to be replaced with "the judicial decision".

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.

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

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).

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.

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.

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

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.

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.

The court may subpoena a witness who fails to appear without a legitimate reason for failing to do so.

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

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

the witness has no obligation to appear before the court in charge of the case, or has a legitimate reason for being unable to appear before that court;

it would require unreasonable expense or time for the witness to appear before the court in charge of the case;

it is necessary to examine the witness at the scene of the dispute in order to discover a fact;

neither party has any objection.

If 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:

a person who is or was the witness's spouse, relative within the fourth degree of consanguinity, or relative within the third degree of affinity;

In the following cases, a witness may refuse to testify:

a case as referred to in Article 191, paragraph (1)

a person who is or was a doctor, dentist, pharmacist, pharmaceuticals distributor, birthing assistant, attorney at law (this includes registered foreign lawyers), patent attorney, defense counsel, notary, or person engaged in a religious occupation is examined with regard to any fact learned in the course of duty that must remain confidential;

the witness is examined with regard to a matter that involves a technical or professional secret.

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

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

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.

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

The 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.