Notwithstanding the provisions of the preceding Article, in the following cases, if the court upholds the plaintiff's claim, it may render a judgment that is not based on an electronic judgment:
if the defendant does not deny the facts alleged by the plaintiff in oral arguments or does not advance any allegations or evidence;
被告が口頭弁論において原告の主張した事実を争わず、その他何らの防御の方法をも提出しない場合
if the defendant, despite being summoned through service by publication, does not appear on a date for oral arguments (unless a brief submitted by the defendant is deemed to be the defendant's statement in oral arguments).
被告が公示送達による呼出しを受けたにもかかわらず口頭弁論の期日に出頭しない場合（被告の提出した準備書面が口頭弁論において陳述されたものとみなされた場合を除く。）
If the court has rendered a judgment pursuant to the provisions of the preceding paragraph, in lieu of preparing an electronic judgment, the court must have the court clerk make a record of the parties and legal representatives, the main text of the judgment, the claims, and the gist of the grounds, in the electronic record for the oral arguments date on which the judgment is rendered.
(Form for Rendering Judgment)
The court renders its judgment based on an electronic judgment created pursuant to the provisions of paragraph (1) of the preceding Article.
判決の言渡しは、前条第一項の規定により作成された電子判決書に基づいてする。
Open this provision(Special Provisions on the Form for Rendering Judgment)
Notwithstanding the provisions of the preceding Article, in the following cases, if the court upholds the plaintiff's claim, it may render a judgment that is not based on an electronic judgment:
次に掲げる場合において、原告の請求を認容するときは、判決の言渡しは、前条の規定にかかわらず、電子判決書に基づかないですることができる。
Open this provisionelectronic 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)
electronic judgment
「電子判決書」
The electronic or magnetic record (電磁的記録) a court must create when it renders a judgment, recording the main text of the judgment (主文), the facts, the reasons, the date oral argument ended, the parties and their legal representatives, and the court.
Short name set inArticle 252, 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.
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.