Article 132-4Dispositions on the Collection of Evidence Prior to the Filing of an Action
第百三十二条の四(訴えの提起前における証拠収集の処分)
If the court, at the petition of the person providing advance notice or of a recipient of advance notice that has responded as referred to in paragraph (1) of the preceding Article, finds that it is difficult for the petitioner to collect evidence that will clearly be necessary as proof if the action for which advance notice has been provided is filed, the court, after hearing the opinions of the adverse party to the advance notice or the response (simply referred to below as the "adverse party" in this Chapter) and before the action is filed, may reach one of the following dispositions in connection with the collection of evidence; provided, however, that this does not apply if the court finds that doing so would be inappropriate due to the time that would be required for the collection of evidence or the unreasonable burden that it would place on the person that would undertake the request:
requesting the person in possession of a document (including an object prescribed in Article 231; the same applies in this Chapter) to send that document, or requesting the person with the authority to use an electronic or magnetic record to send that record;
requesting a government agency or public office, a foreign government agency or public office, or a school, chamber of commerce, exchange, or other such organization (referred to as a "prescribed agency or organization" in paragraph (1), item (ii) of the following Article) to conduct the necessary examination;
必要な調査を官庁若しくは公署、外国の官庁若しくは公署又は学校、商工会議所、取引所その他の団体(次条第一項第二号において「官公署等」という。)に嘱託すること。
requesting a person who has expert knowledge and experience to state an opinion based on their expert knowledge and experience;
専門的な知識経験を有する者にその専門的な知識経験に基づく意見の陳述を嘱託すること。
ordering a court enforcement officer to conduct an examination into the form, possession, or other current conditions of an object.
執行官に対し、物の形状、占有関係その他の現況について調査を命ずること。
A petition for a disposition as referred to in the preceding paragraph must be filed within an inalterable time frame of four months from the day on which the advance notice is provided; provided, however, that this does not apply if the adverse party consents to the petition's being filed after the expiration of this time frame.
It is not permissible for a petition for a disposition as referred to in paragraph (1) to be filed based on an advance notice that duplicates any previous advance notice or based on the response to a duplicate advance notice.
After having reached a disposition as referred to in paragraph (1), the court may void that disposition if it finds that the disposition has come to be inappropriate due to the circumstances prescribed in the proviso to that paragraph.