The party, legal representative, or litigation representative must notify the court in charge of the case of the place or places where the relevant person may be served with documents (limited to a place in Japan). In doing so, they may also notify the court of the person to be served.
当事者、法定代理人又は訴訟代理人は、書類の送達を受けるべき場所(日本国内に限る。)を受訴裁判所に届け出なければならない。この場合においては、送達受取人をも届け出ることができる。
Notwithstanding the provisions of the preceding Article, if a notification has been submitted pursuant to the provisions of the first sentence of the preceding paragraph, service of documents is effected at the place given in the notification.
Notwithstanding the provisions of the preceding Article, any subsequent service of documents upon a person that does not submit a notification pursuant to the provisions of the first sentence of paragraph (1) but that has been served as stated in one of the following items is effected at the place specified in that item:
service under the provisions of the preceding Article:the place where that service was effected;
前条の規定による送達 その送達をした場所
service under the provisions of the second sentence of the following Article that is effected by a person engaged in postal services at a business office of Japan Post Co., Ltd. (limited one where postal services are provided; the same applies in the second sentence of Article 106, paragraph (1)), or service under the provisions of the second sentence of Article 106, paragraph (1):the place established as the place where that service was to be effected;
service under the provisions of Article 107, paragraph (1), item (i):the place to which the initial service of documents was directed.
第百七条第一項第一号の規定による送達 その送達において宛先とした場所
Read this with the articles around it
(Place for Service)
Service of documents is effected at the domicile, residence, place of business, or business office of the person being served (referred to below as the person's "address" in this Subsection)…
書類の送達は、送達を受けるべき者の住所、居所、営業所又は事務所(以下この款において「住所等」という。)においてする。ただし、法定代理人に対する書類の送達は、本人の営業所又は事務所においてもすることができる。
Open this provision(Notifying the Court of the Place for Service)
The party, legal representative, or litigation representative must notify the court in charge of the case of the place or places where the relevant person may be served with documents…
当事者、法定代理人又は訴訟代理人は、書類の送達を受けるべき場所(日本国内に限る。)を受訴裁判所に届け出なければならない。この場合においては、送達受取人をも届け出ることができる。
Open this provision(Service of Persons Wherever They May Be Found)
Notwithstanding the provisions of the preceding two Articles, a person who is to be served with documents but who does not manifestly have an address in Japan…
前二条の規定にかかわらず、送達を受けるべき者で日本国内に住所等を有することが明らかでないもの(前条第一項前段の規定による届出をした者を除く。)に対する書類の送達は、その者に出会った場所においてすることができる。
Open this provision(Substituted Service and Service by Leaving Documents)
If a person effecting service of a document does not find the person that is to be served at the non-workplace location where service is to be effected…
就業場所以外の書類の送達をすべき場所において送達を受けるべき者に出会わないときは、使用人その他の従業者又は同居者であって、書類の受領について相当のわきまえのあるものに書類を交付することができる。郵便の業務に従事する者が日本郵便株式会社の営業所において書類を交付すべきときも、同様とする。
Open this provision(Effecting Service by Registered Mail)
if service is to be effected pursuant to the provisions of Article 103:the place specified in Article 103, paragraph (1);
第百三条の規定による送達をすべき場合 同条第一項に定める場所
Open this provisionlitigation representative
訴訟代理人
A person who carries on a lawsuit on behalf of a party. Apart from an agent whom a law or regulation allows to act in court, only an attorney (弁護士) may be one, though in a summary court (簡易裁判所) the court may permit someone who is not an attorney to be one, and may revoke that permission at any time (Code of Civil Procedure, Article 54). In the case entrusted to them, a litigation representative may carry out the procedural acts for a counterclaim (反訴), a third party joining the suit (参加) (Articles 42 and 47), compulsory execution (強制執行), and the provisional seizure (仮差押え) and provisional disposition (仮処分) that preserve a right sued on, or set a provisional position, in a civil lawsuit (Civil Provisional Remedies Act, Article 1), and may receive payment (Code of Civil Procedure, Article 55, paragraph (1)), but needs special authority to file a counterclaim, withdraw the action, settle, give up the party's claim or accept the other side's (請求の放棄又は認諾), file an appeal to the court of second instance (控訴), a final appeal (上告) or a petition to the Supreme Court to accept a final appeal, or withdraw any of these, and appoint a representative, among others (paragraph (2)); their authority cannot be restricted, unless they are not an attorney (paragraph (3)). Where there are several, each represents the party alone, and an arrangement by the party to the contrary has no effect (Article 56); a statement of fact a litigation representative makes has no effect if the party at once retracts or corrects it (Article 57). The authority does not end because the party dies or loses the capacity to sue or be sued, a corporate party ceases to exist by merger, or the party's legal representative (法定代理人) dies or loses their authority, among other events (Article 58, paragraph (1)). Where the authority is lacking, the court must order it put right within a set period, an act done without it takes effect from the time it was done once ratified, and the authority's ending has no effect until the party or the representative notifies the other party (Article 59, applying Article 34, paragraphs (1) and (2), and Article 36, paragraph (1)). A litigation representative entrusted with a case, other than one acting with a summary court's permission, must as a rule make filings in it through the courts' electronic system, and must register to be served (送達) through it (Article 132-11, paragraphs (1) and (2)).
Written by AI using Code of Civil Procedure, Arts. 34, 36, 42, 47, 54 to 59, 132-11 and Civil Provisional Remedies Act, Art. 1 as a reference.
service
送達
The delivery of a document in a court proceeding, such as a lawsuit, to the person it is for, by a procedure the law lays down: unless a provision says otherwise, the court carries it out of its own motion, the court clerk handles the work (Code of Civil Procedure, Article 98), and the person who effects it reports on it to the court in writing (Article 100, paragraph (1)); the complaint must be served on the defendant (Article 138, paragraph (1)), and the judgment on the parties (Article 255, paragraph (1)). A document is served by post or by a court enforcement officer (執行官) (Article 101, paragraph (1)), as a rule by handing it to the person (Article 102-2), at their address, residence, place of business or office, or at their workplace where those are unknown or service there meets an obstacle (Article 103); each party, legal representative and litigation representative (訴訟代理人) must tell the court a place in Japan where they are to be served (Article 104, paragraph (1)), and service abroad is made at the presiding judge's request to that country's authorities or to a Japanese ambassador, minister or consul there (Article 108). If the person is not found at a place other than their workplace, the document may be handed to an employee or a person living with them who can be trusted to receive it, and if it is refused without a legitimate reason it may be left there (Article 106, paragraphs (1) and (3)); where it cannot be served in those ways, the court clerk may send it by registered mail, and it counts as served when it is sent (Article 107, paragraphs (1) and (3)). An electronic record can also be served through the courts' electronic system on a person who has registered for it, by making it available to them and sending them a notice, and that service takes effect when they view it or save it to their computer, or one week after the notice was sent, whichever comes first (Articles 109-2, paragraph (1), and 109-3, paragraph (1)); a person who must make filings online, such as a litigation representative (訴訟代理人) entrusted with the case, can be served this way even without registering, and without a notice, the week then running from when the record was made available (Articles 109-4 and 132-11, paragraph (1)). Where a party's address or other place for service is unknown, among other cases, the court clerk may serve by publication (公示送達), on petition or where the court orders it, and serves the same party by publication again of the clerk's own motion, as a rule (Article 110, paragraphs (1) to (3)): that the clerk holds the document and will hand it over at any time is made available for anyone to view, by a method the Supreme Court's rules (最高裁判所規則) set, and posted on the court's notice board or shown on a screen at the court (Article 111), and service takes effect two weeks after that begins, or six weeks for service to be made abroad, though one made again of the clerk's own motion takes effect the day after it begins (Article 112, paragraphs (1) and (2)). Some time limits run from service: an appeal to the court of second instance (控訴), for one, must be filed within two weeks of the day the judgment is served (Article 285).
Written by AI using Code of Civil Procedure, Arts. 98, 100 to 104, 106 to 112, 132-11, 138, 255, 285 as a reference.