Oral argument

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for oral argument, or leave without arguing, and neither asks for a new date within one month, the action is deemed withdrawn, as it is when that happens on two dates in a row (Article 263).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)).