Code of Civil Procedure

Except as otherwise provided, the court must have a witness swear under oath.

When examining a person under 16 years of age or person who is unable to understand the purpose of swearing under oath as a witness, the court may not make the witness swear under oath.

When examining a witness who falls under the provisions of Article 196 and does not exercise the right to refuse to testify, the court may choose not to have the witness swear under oath.

A witness may refuse to swear under oath when being examined with regard to matters in which the witness, personally, or a person to whom the witness is related in any of the ways listed in the items of Article 196, is deeply interested.

The provisions of Articles 198 and 199 apply mutatis mutandis if a witness refuses to swear under oath, and the provisions of Articles 192 and 193 apply mutatis mutandis if, after a judicial decision finding no grounds for a refusal to testify becomes final and binding, the witness still refuses to testify, without a legitimate reason for refusing to do so.

A witness is examined by the party requesting the examination, the other party, and the presiding judge, in that order.

When the presiding judge finds it to be appropriate, the judge may change the order referred to in the preceding paragraph, after hearing the opinions of the parties.

If a party objects to a change under the provisions of the preceding paragraph, the court reaches a judicial decision on the objection in the form of a ruling.

A witness may not enter a statement that is based off of a document or any other object; provided, however, that this does not apply if the witness obtains the permission of the presiding judge.

If the presiding judge, in consideration of the witness's age, mental or physical condition or any other circumstances, finds that the witness is likely to feel extreme anxiety or tension when being examined, then the presiding judge may have the witness accompanied during the testimony by a person who can best ease the witness' anxiety or tension and is unlikely to disturb the examination of the witness by the presiding judge or the parties or the testimony of the witness, or is unlikely to unduly influence the contents of the testimony.

During the testimony of a witness, the person accompanying the witness pursuant to the provisions of the preceding paragraph must not behave in a manner that interferes with the examination of the presiding judge or the parties or with the testimony of the witness, or that unduly influences the content of the testimony.

When a party has made an objection to the measures taken by the presiding judge under the provisions of paragraph (1), the court, by an order, makes a judicial decision on the objection.

If the presiding judge finds that, due to the nature of the case, the age or the mental or physical condition of the witness, the relationship between the witness and either one of the parties or their legal representative (including the fact that the witness is a person who has suffered harm from the crime committed by the party or legal representative; the same applies in item (ii) of the following Article), or any other circumstances, the witness is likely to feel pressure and have their mental well-being seriously harmed while making a statement in the presence of either one of the parties or their legal representative (including when using the method provided for in that Article), and the presiding judge finds it to be appropriate to do so, then the presiding judge may take measures so that it is impossible for either one of the parties or their legal representative and the witness to be aware of each other's presence or only one can be aware of the other.

If the presiding judge finds it to be appropriate in consideration of the nature of the case, the fact that the witness is a person who has suffered harm due to the crime, the age of the witness, the impact on the witness's mental or physical condition or reputation, or any other circumstances, the presiding judge may take measures so that it is impossible for the observer and the witness to be aware of each other's presence.

The provisions of paragraph (3) of the preceding Article apply mutatis mutandis to the measures taken by the presiding judge under the provisions of the preceding two paragraphs.

In any of the cases stated in the following items and if the court finds it to be appropriate, it may examine a witness, 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's situation:

if the court determines that it would be difficult for the witness to appear before the court in charge of the case due to the witness' domicile, age, mental or physical state, or other such circumstances;

if the court determines that, due to the nature of the case, the witness' age or mental or physical state, the relationship between the witness and the party in question or their legal representative, or other such circumstances, the pressure that the witness would incur if they were to give their statement from the location where the presiding judge and the parties had come to examine them would likely seriously disrupt their mental balance; or

if neither party has any objection.

If neither party has any objection and the court finds it to be appropriate, the court may have a witness submit a paper document in lieu of conducting an examination of that witness.

As provided for by the Rules of the Supreme Court, in lieu of submitting a paper document under the provisions of the preceding paragraph, a witness may use an electronic data processing system specified by the Rules of the Supreme Court to record the information required to be given in the paper document in the court's computer files, or may submit a recording medium containing an electronic or magnetic record of the information required to be given in that paper document. Having done so, the witness is deemed to have submitted the paper document under that paragraph.

The court must present the information given in a paper document under paragraph (1), or the information recorded in the court's computer files or the information recorded in a recording medium under the preceding paragraph, pursuant to the provisions of the preceding paragraph.

If an authorized or commissioned judge examines a witness, that judge performs the duties of the court and the presiding judge; provided, however, that a judicial decision on an objection under the provisions of Article 202, paragraph (3) is reached by the court in charge of the case.

The court, upon petition or sua sponte, may examine the parties themselves. To do so, the court may have the party in question swear under oath.

If examining both a witness and one of the parties themselves, the court examines the witness first; provided, however, that when the court finds it appropriate, it may examine the party in question first, after hearing the opinions of the parties.

If one of the parties themselves is to be examined and that party, without a legitimate reason, fails to appear or refuses to swear under oath or enter a statement, the court may find that the opposing party's allegations concerning the matters for examination are true.

If a party who has been sworn in enters a false statement, the court issues a ruling sentencing the party to a civil fine of not more than 100,000 yen.

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

In a case as referred to in paragraph (1), if the party who has entered the false statement admits that the statement is false while litigation is pending, the court may set aside the ruling referred to in that paragraph, depending on the circumstances.

The provisions of Article 195; Article 201, paragraph (2); Articles 202 through 204; and Article 206 apply mutatis mutandis to the examination of the parties themselves.

The provisions of this Code concerning the examination of the parties themselves apply mutatis mutandis with regard to a legal representative who represents a party in litigation; provided, however, that this does not preclude the examination of the parties themselves.

A person who has the relevant knowledge and experience necessary to give expert testimony bears the obligation to give expert testimony.

A person of the same status as a person who may refuse to testify or refuse to swear under oath pursuant to the provisions of Article 196 or Article 201, paragraph (4), or a person prescribed in Article 201, paragraph (2), may not serve as an expert.

An expert is designated by the court in charge of the case or by an authorized or commissioned judge.

If there are circumstances in which an expert is involved that could prevent expert testimony from being given in good faith, a party may challenge the expert before the expert enters a statement about a matter involved in the expert testimony. The same applies if, after an expert enters a statement, any grounds for challenge occur or a party becomes aware of the existence of any grounds for challenge.

A motion to challenge must be filed with the court in charge of the case or with an authorized or commissioned judge.

No appeal may be entered against a ruling finding grounds for challenge.

An immediate appeal may be filed against a ruling finding no grounds for challenge.

The presiding judge may have an expert state an opinion in writing or orally.

In lieu of providing an opinion in the form of a paper document pursuant to the provisions of the preceding paragraph, an expert as referred to in that paragraph may provide an opinion using an electronic data processing system as specified by the Rules of the Supreme Court to record the information to be stated in that 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. Having done so, the expert is deemed to have used a paper document to provide an opinion pursuant to the provisions of that paragraph.

If the court has an expert state an opinion and finds it to be necessary in order to clarify the content of the opinion or confirm its basis, the court, upon petition or sua sponte, may have the expert state further opinions.

The court must present the information detailed in a document under paragraph (1), or the information recorded in the court's computer files pursuant to the provisions of paragraph (2) or the particulars recorded in a recording medium as referred to in that paragraph.