Part V Special Provisions on Actions on Bills or Notes and Actions on Checks
The law as Act on the Arrangement of Related Acts upon the Enforcement of the Act Partially Amending the Civil Code, etc. (Act No. 46 of 2026) leaves it, with the words it changes marked.
The main text is read a page at a time: a chapter to a page, and a long chapter in runs of articles. The whole main text, and the supplementary provisions and appended tables this amendment changes. Those it leaves untouched are on the page for the text in force.
Part V Special Provisions on Actions on Bills or Notes and Actions on Checks第五編 手形訴訟及び小切手訴訟に関する特則
Article 350第三百五十条
Requirements for an Action on Bills or Notes(手形訴訟の要件)
Article 350, paragraph (1)
A trial and judicial decision may be sought through an action on bills or notes in respect of a claim for the payment of money based on a bill or note and any incidental claim for damages at the statutory interest rate.
A statement indicating that a trial and judicial decision are sought through an action on bills or notes must be entered in the complaint.
手形訴訟による審理及び裁判を求める旨の申述は、訴状に記載してしなければならない。
Article 351第三百五十一条
Prohibition of Counterclaims(反訴の禁止)
Article 351, paragraph (1)
It is not permissible to file a counterclaim in an action on bills or notes.
手形訴訟においては、反訴を提起することができない。
Article 352第三百五十二条
Limitations to the Examination of Evidence(証拠調べの制限)
Article 352, paragraph (1)
In an action on bills or notes, the court may only conduct examinations of evidence that involve documentary evidence and the content of information recorded in electronic or magnetic records.
The court may not order a person to submit a document or request a person to send a document, and it may not issue an order as prescribed in Article 223 as applied mutatis mutandis pursuant to Article 231-3, paragraph (1) or to make a request as prescribed in Article 226 as applied mutatis mutandis pursuant to that paragraph. The same applies to the court's ordering a person to submit an object that contains handwriting or a seal impression to be used for comparison or to the court's requesting a person to send the object.
Upon petition, the court may examine the parties themselves regarding the authenticity or inauthenticity of a document's or electronic or magnetic record's provenance or regarding a fact that concerns the presentation of a bill or note.
The court may not commission the examination of evidence. The same applies to the commissioning of an examination under the provisions of Article 186, paragraph (1).
The provisions of the preceding paragraphs do not apply to matters that are to be examined by the court sua sponte.
前各項の規定は、裁判所が職権で調査すべき事項には、適用しない。
Article 353第三百五十三条
Transfer to Ordinary Proceedings(通常の手続への移行)
Article 353, paragraph (1)
The plaintiff, without the consent of the defendant, may enter a statement requesting that litigation be transferred to ordinary proceedings, until that time as oral arguments are concluded.
Litigation is transferred to ordinary proceedings upon the entry of a statement as referred to in the preceding paragraph.
訴訟は、前項の申述があった時に、通常の手続に移行する。
Article 353, paragraph (3)
In a case as referred to in the preceding paragraph, the court must immediately send the defendant a notice stating that litigation has been transferred to ordinary proceedings; provided, however, that this notice is not required if a statement as referred to in paragraph (1) has been entered orally on a court date at which the defendant has appeared.
In a case as referred to in paragraph (2), the court dates already designated for the action on bills or notes is deemed to have been designated for ordinary proceedings.
第二項の場合には、手形訴訟のため既に指定した期日は、通常の手続のために指定したものとみなす。
Article 354第三百五十四条
Conclusion of Oral Arguments(口頭弁論の終結)
Article 354, paragraph (1)
If the defendant does not deny the facts alleged by the plaintiff in oral arguments or does not submit any manner of defense, the court may conclude oral arguments even before sending the notice under the provisions of paragraph (3) of the preceding Article.
Denial of an Action, Without Oral Arguments Being Heard(口頭弁論を経ない訴えの却下)
Article 355, paragraph (1)
If the whole or part of a claim is not eligible for a trial and judicial decision by way of an action on bills and notes, the court may enter a judgment denying the whole or part of the action, without hearing oral arguments.
In the case referred to in the preceding paragraph, to apply the provisions of Article 147 if the plaintiff files an action through ordinary proceedings on the claim referred to in that paragraph within two weeks from the day on which the electronic judgment is served on the plaintiff, the action is deemed to have been filed at the time of filing of the previous action.
It is not permissible to appeal to the court of second instance against the final judgment in an action on bills or notes; provided, however, that this does not apply to a judgment denying an action, other than a judgment as referred to in paragraph (1) of the preceding Article.
An objection to a final judgment in an action on bills or notes, other than a judgment denying the action, may be lodged with the court that enters that judgment, within an inalterable time frame of two weeks from the day on which the electronic judgment or electronic record stating the parties and legal representatives, the main text, the claims, and the gist of the grounds pursuant to the provisions of Article 254, paragraph (2) is served; provided, however, that this does not preclude the validity of an objection lodged prior to that time.
A person may only waive the right object before lodging that objection.
異議を申し立てる権利は、その申立て前に限り、放棄することができる。
Article 359第三百五十九条
Denial of an Objection, Without Oral Arguments Being Heard(口頭弁論を経ない異議の却下)
Article 359, paragraph (1)
If an objection is not in accordance with the law and this defect cannot be corrected, the court may enter a judgment denying the objection, without hearing oral arguments.
An objection may be withdrawn until that time as the court of first instance reaches a final judgment through ordinary proceedings.
異議は、通常の手続による第一審の終局判決があるまで、取り下げることができる。
Article 360, paragraph (2)
The withdrawal of an objection is not valid unless the opposing party consents.
異議の取下げは、相手方の同意を得なければ、その効力を生じない。
Article 360, paragraph (3)
The provisions of Article 261, paragraphs (3) through (6); Article 262, paragraph (1); and Article 263 apply mutatis mutandis to the withdrawal of an objection.
If a lawful objection is lodged, litigation returns to the stage it was at before the conclusion of oral arguments. In such a case, the trial is conducted and the judicial decision is reached through ordinary proceedings.
If a judgment that is to be reached in accordance with the provisions of the preceding Article is consistent with the judgment from the action on bills or notes, the court must approve the judgment from the action on bills or notes; provided, however, that this does not apply if the procedure upon which the judgment in the action on bills or notes is made is in violation of the law.
Unless the court approves the judgment from an action on bills or notes pursuant to the provisions of the preceding paragraph, in a judgment that is to be reached in accordance with the provisions of the preceding Article, the court must set aside the judgment from the action on bills or notes.
Court Costs in a Judgment after Objection(異議後の判決における訴訟費用)
Article 363, paragraph (1)
Whenever the court denies an objection or approves a judicial decision on the bearing of court costs from an action on bills or notes, the court must enter a judicial decision on the bearing of court costs incurred after the objection was lodged.
The provisions of Article 258, paragraph (4) apply mutatis mutandis when a lawful objection is lodged against the judgment in an action on bills or notes.
第二百五十八条第四項の規定は、手形訴訟の判決に対し適法な異議の申立てがあった場合について準用する。
Article 364第三百六十四条
Remand of a Case(事件の差戻し)
Article 364, paragraph (1)
If the court of second instance sets aside the judgment in the first instance denying an objection as not in accordance with the law, it must remand the case to the court of first instance; provided, however, that this does not apply if additional oral arguments in the case are unnecessary.
Transfer from Pre-Filing Settlement Proceedings to an Action on Bills or Notes(訴え提起前の和解の手続から手形訴訟への移行)
Article 365, paragraph (1)
In an action that is deemed to have been filed pursuant to the provisions of the second sentence of Article 275, paragraph (2), any statement indicating that a trial and judicial decision are sought through an action on bills or notes must be entered at the time the petition referred to in the first sentence of Article 275, paragraph (2) is filed.
Transfer from Demand Procedures to an Action on Bills or Notes(督促手続から手形訴訟への移行)
Article 366, paragraph (1)
In an action that is deemed to have been filed pursuant to the provisions of Article 395 or Article 398, paragraph (1), any statement indicating that a trial and judicial decision are sought through an action on bills or notes must be entered at the time the application is filed for a demand for payment.
If a declaration of provisional enforceability under the provisions of Article 391, paragraph (1) is issued, the statement referred to in the preceding paragraph is deemed not to have been made.
第三百九十一条第一項の規定による仮執行の宣言があったときは、前項の申述は、なかったものとみなす。
Article 367第三百六十七条
Action on Checks(小切手訴訟)
Article 367, paragraph (1)
A trial and judicial decision may be sought through an action on checks in respect of a claim for the payment of money based on a check and any incidental claim for damages at the statutory interest rate.