If the grounds for final appeal are not entered in a petition for final appeal, a statement of the grounds for final appeal must be submitted to the court of prior instance within the time frame specified by the Rules of the Supreme Court.
上告状に上告の理由の記載がないときは、上告人は、最高裁判所規則で定める期間内に、上告理由書を原裁判所に提出しなければならない。
Grounds for final appeal must be entered in the format specified by the Rules of the Supreme Court.
上告の理由は、最高裁判所規則で定める方式により記載しなければならない。
final appeal
上告
The appeal against a judgment of second instance, and against a high court's judgment at first instance: it goes to the Supreme Court (最高裁判所) against a final judgment a high court (高等裁判所) gives at second or first instance, and to a high court against one a district court (地方裁判所) gives at second instance (Code of Civil Procedure, Article 311, paragraph (1)); where, after the final judgment, both parties agreed not to appeal to the court of second instance (控訴) while keeping the right to a final appeal, it goes straight to the Supreme Court against a district court's judgment and to a high court against a summary court's (Article 311, paragraph (2), and Article 281, paragraph (1)). Its grounds are limited: an error in interpreting the Constitution or another breach of it (Article 312, paragraph (1)); one of the flaws the Code lists, such as a court not formed as the law requires, a judge barred by law taking part in the judgment, a lack of a legal representative's (法定代理人) or litigation representative's (訴訟代理人) authority, a breach of the rules that oral argument (口頭弁論) be public, or a judgment that gives no reasons or contradictory ones (paragraph (2)); and, in a final appeal to a high court, also a breach of law or regulation that clearly affected the judgment (paragraph (3)). Where the Supreme Court is the court to appeal to, a party may petition it to accept the case as a final appeal (上告受理の申立て), which it may do where the judgment conflicts with its precedents or the case otherwise involves an important point in interpreting laws and regulations; the grounds of Article 312, paragraphs (1) and (2), cannot be raised that way, and once the case is accepted a final appeal is deemed filed (Article 318, paragraphs (1), (2) and (4)). A final appeal is filed by submitting a petition for final appeal (上告状) to the court whose judgment is appealed (Article 314, paragraph (1)), within the same two weeks from service (送達) of the judgment as an appeal to the court of second instance (Articles 285 and 313), and if the petition states no grounds, a statement of them must follow within the period the Supreme Court's rules (最高裁判所規則) set (Article 315, paragraph (1)). The final appellate court is bound by the facts the judgment below lawfully found (Article 321, paragraph (1)); it may dismiss the appeal without oral argument where the papers show it has no grounds (Article 319), and where a ground is made out it quashes the judgment and sends the case back to the court below or to another court of the same rank, or in some cases decides it itself (Articles 325, paragraph (1), and 326); the Supreme Court may also quash a judgment for a breach of law or regulation that clearly affected it, even where none of those grounds is made out (Article 325, paragraph (2)). A judgment a high court gives on a final appeal can be appealed again to the Supreme Court only on the ground that it breaches the Constitution (Article 327, paragraph (1)).
Written by AI using Code of Civil Procedure, Arts. 281, 285, 311 to 315, 318, 319, 321, 325 to 327 as a reference.