Code of Civil Procedure

In summary court, a trial and judicial decision may be sought through a small claims action in respect of a claim for the payment of money, if the value of the subject matter of litigation is not more than 600,000 yen; provided, however, that a person may not file these actions with the same summary court more frequently than the number of times specified by the Rules of the Supreme Court in the same year.

A statement indicating that a trial and judicial decision are sought through a small claims action must be entered at the time the action is filed.

In entering a statement as referred to in the preceding paragraph, the plaintiff must report the number of times in the relevant year that the plaintiff has sought trials and judicial decisions through small claims actions in the summary court where the plaintiff is filing the action.

It is not permissible to file a counterclaim in a small claims action.

In a small claims action, unless there are special circumstances, the trial must be completed on the first date for oral arguments.

The parties must advance all allegations and evidence prior to the date referred to in the preceding paragraph or on that date; provided, however, that this does not apply if oral arguments are continued.

The examination of evidence is limited to evidence that can be examined immediately.

It is permissible to examine a witness without having the witness swear under oath.

The witnesses and the parties themselves are examined in the order that the judge finds appropriate.

If the court finds it to be appropriate, it may examine a witness, as provided for by the Rules of the Supreme Court, in a way that enables the court, the parties, and the witness to communicate with one another at the same time, through audio transmissions.

The defendant may enter a statement requesting that litigation be transferred to ordinary proceedings; provided, however, that this does not apply after the defendant has presented oral arguments on the first date for oral arguments or if that court date has been completed.

Litigation is transferred to ordinary proceedings upon the entry of a statement as referred to in the preceding paragraph.

In the following cases, the court must rule to conduct a trial and reach a judicial decision in litigation through ordinary proceedings:

the plaintiff has sought a trial and judicial decision through a small claims action in violation of the provisions of Article 368, paragraph (1);

the court has specified a reasonable time frame and ordered a report in accordance with the provisions of Article 368, paragraph (3), but that report is not given;

it is impossible to summon the defendant to the first date for oral arguments by any means other than service by publication;

the court finds it inappropriate to conduct a trial and reach a judicial decision through a small claims action.

It is not permissible to enter a protest against the ruling referred to in the preceding paragraph.

If litigation is transferred to ordinary proceedings, any date already designated for the small claims action is deemed to have been designated for ordinary proceedings.

Unless the court finds it to be inappropriate, the court renders a judgment immediately after the conclusion of oral arguments.

In a case as referred to in the preceding paragraph, the court may render its judgment without basing this on the electronic judgment. In such a case, the provisions of Article 254, paragraph (2) and Article 255 apply mutatis mutandis.

If the court enters a judgment upholding a claim and finds it to be particularly necessary in consideration of the defendant's financial resources or other such circumstances, it may establish rules on a time frame or installment plan, not exceeding three years from the date on which it renders the judgment, for paying the money under the claim it is upholding, and may simultaneously establish that the defendant will be exempted from the obligation to pay any default charges that have accrued after the filing of the action if the defendant pays the money under that claim in accordance with the rules on the time frame, or if the defendant pays that money without losing the benefit of time gained from the rules on the installment plan, pursuant to the rules under the following paragraph.

If the court establishes rules on an installment plan as referred to in the preceding paragraph, it must establish rules on the forfeiture of the acceleration of due date in the event of the defendant's failure to pay.

It is not permissible to enter a protest against a judicial decision involving the rules under the provisions of the preceding two paragraphs.

In a judgment upholding a claim, the court must issue a sua sponte declaration that provisional enforcement may be effected if security is provided or that provisional enforcement may be effected without security being provided.

The provisions of Articles 76, 77, 79, and 80 apply mutatis mutandis to security as referred to in the preceding paragraph.

It is not permissible to file an appeal to the court of second instance against the final judgment in a small claims action.

An objection against the final judgment in a small claims action may be lodged with the court that has entered that judgment, within an inalterable period frame of two weeks from the day on which an electronic judgment or an electronic record recording 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) (including as applied mutatis mutandis pursuant to Article 374, paragraph (2)) is served; provided, however, that this does not preclude the validity of an objection lodged prior to that time frame.

The provisions of Articles 358 through 360 apply mutatis mutandis to the objection referred to in the preceding paragraph.

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 a judicial decision is reached through ordinary proceedings.

The provisions of Article 362; Article 363; Article 369; Article 372, paragraph (2); and Article 375 apply mutatis mutandis to a trial and judicial decision as referred to in the preceding paragraph.

It is not permissible to appeal to the court of second instance against a final judgment entered in accordance with the provisions of Article 359, as applied mutatis mutandis pursuant to Article 378, paragraph (2), and the provisions of paragraph (1) of the preceding Article.

The provisions of Article 327 apply mutatis mutandis to a final judgment as referred to in the preceding paragraph.

If a person seeking a trial and judicial decision through a small claims action falsely reports the number of times referred to in Article 368, paragraph (3), the court issues a ruling sentencing that person 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.

The provisions of Article 189 apply mutatis mutandis to a judicial decision imposing a civil fine under the provisions of paragraph (1).