For each court date for oral arguments, the court clerk must prepare an electronic record (meaning an electronic or magnetic record that a court clerk prepares pursuant to the provisions of this Act or any other laws and regulations for the purpose of recording or authenticating the form, content, progress, etc. of proceedings conducted on a court date or outside of a court date; the same applies below), as provided for by the Rules of the Supreme Court.
裁判所書記官は、口頭弁論について、期日ごとに、最高裁判所規則で定めるところにより、電子調書（期日又は期日外における手続の方式、内容及び経過等の記録及び公証をするためにこの法律その他の法令の規定により裁判所書記官が作成する電磁的記録をいう。以下同じ。）を作成しなければならない。
When a court clerk prepares an electronic record pursuant to the provisions of the preceding paragraph, they must record it in the court's computer files as provided for by the Rules of the Supreme Court.
If a party or any other person concerned raised any objection to the content of the electronic record recorded in the court's computer files pursuant to the provisions of the preceding paragraph, measures must be taken to make it clear that there has been an objection, as provided for by the Rules of the Supreme Court.
Observance of provisions concerning the formalities of oral arguments may be proven only through the electronic record recorded in the court's computer files pursuant to the provisions of paragraph (2); provided, however, that this does not apply in the event of the loss of the electronic record.
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(Preparation of Electronic Records of Oral Arguments)
For each court date for oral arguments, the court clerk must prepare an electronic record (meaning an electronic or magnetic record that a court clerk prepares pursuant to the provisions of this Act…
裁判所書記官は、口頭弁論について、期日ごとに、最高裁判所規則で定めるところにより、電子調書（期日又は期日外における手続の方式、内容及び経過等の記録及び公証をするためにこの法律その他の法令の規定により裁判所書記官が作成する電磁的記録をいう。以下同じ。）を作成しなければならない。
Open this provision(Preparation of Electronic Records of Oral Arguments)
When a court clerk prepares an electronic record pursuant to the provisions of the preceding paragraph, they must record it in the court's computer files as provided for by the Rules of the Supreme…
裁判所書記官は、前項の規定により電子調書を作成したときは、最高裁判所規則で定めるところにより、これをファイルに記録しなければならない。
Open this provisionelectronic or magnetic recordmachine translation
「電磁的記録」
A record made in electronic, magnetic or any other form people cannot perceive directly, for use in computer processing.
Defined inArticle 3-7, paragraph (3)
computer files
「ファイル」
A file stored on a computer used by the court (including its input and output devices), in which information is recorded under this Code or other laws and regulations — called simply "file" from Article 91-2, paragraph (1) on, except in Article 91-2, paragraphs (2) and (3), Article 91-3 and Article 109-3, paragraph (1), item (ii).
Short name set inArticle 91-2, paragraph (1)· applies from here on, except in Article 91-2, paragraphs (2) and (3); Article 91-3; and Article 109-3, paragraph (1), item (ii)
electronic record
「電子調書」
An electronic or magnetic record (電磁的記録) a court clerk (裁判所書記官) prepares under this Code or other laws and regulations to record and certify the form, content, progress and other details of proceedings held on or outside a court date (期日).
Defined inArticle 160, paragraph (1)
oral argument
口頭弁論
The hearing at which the parties to a civil lawsuit or another court proceeding put their case to the court by speaking: the parties must argue a lawsuit before the court in oral argument, though in a case to be concluded by a ruling (決定) the court decides whether to hold one (Code of Civil Procedure, Article 87, paragraph (1)), and the rule gives way where a provision says otherwise (paragraph (3)): the court may, for one, dismiss without oral argument an action that is unlawful and cannot be put right (Article 140). The presiding judge directs it (Article 148, paragraph (1)), it must as a rule be prepared in writing, in briefs (準備書面) (Article 161, paragraph (1)), though not in a summary court (簡易裁判所) (Article 276, paragraph (1)), and where the court finds it appropriate it may, after hearing the parties, hold it by a video link, a party who takes part that way being treated as having appeared (Article 87-2, paragraphs (1) and (3)). If a plaintiff or defendant does not appear on the first date for oral argument, or appears but does not argue the merits, the court may treat what their complaint, written answer or other briefs say as stated and have the other party argue (Article 158); a party who does not make clear that they dispute a fact the other party alleges is deemed to admit it, unless the argument as a whole shows they disputed it (Article 159, paragraph (1)), and so is a party who does not appear, unless they were summoned by service by publication (公示送達) (paragraph (3)). If both parties fail to appear on a date for oral argument, or leave without arguing, and neither asks for a new date within one month, the action is deemed withdrawn, as it is when that happens on two dates in a row (Article 263). The judgment is given by the judges who took part in the oral argument it rests on (Article 249, paragraph (1)), as a rule within two months of the day oral argument concludes (Article 251, paragraph (1)). The court clerk makes an electronic record (電子調書) of each date (Article 160, paragraph (1)), and a breach of the rules that oral argument be public is a ground for a final appeal (上告) (Article 312, paragraph (2), item (v)).
Written by AI using Code of Civil Procedure, Arts. 87, 87-2, 140, 148, 158 to 161, 249, 251, 263, 276, 312 as a reference.