Appeal to the court of second instance

An appeal against a final judgment that a district court (地方裁判所) gave at first instance, or against a summary court's (簡易裁判所) final judgment (Code of Civil Procedure, Article 281, paragraph (1)): a high court (高等裁判所) hears one against a district court's or a family court's (家庭裁判所) judgment, and a district court one against a summary court's judgment in a civil case (Courts Act, Article 16, item (i), and Article 24, item (iii)). None lies where, after the judgment, both parties agreed not to appeal while keeping the right to a final appeal (上告) (Code of Civil Procedure, Article 281, paragraph (1)), and the right to appeal may be waived (Article 284). It must be filed within two weeks of the day the party is served (送達) with the electronic judgment (電子判決書), or with the electronic record (電子調書) the judgment was recorded in instead, though one filed earlier is still valid (Article 285) — an inalterable period (不変期間), which the court cannot extend or shorten, though it may add time for a party who lives far away (Article 96, paragraphs (1) and (2)) — by submitting a petition for appeal (控訴状) to the court of first instance (Article 286, paragraph (1)), and until that period has run out the judgment does not become final and binding (Article 116, paragraph (1)). The court of second instance hears oral argument (口頭弁論) only within the limits of the change to the first judgment that the parties ask for (Article 296, paragraph (1)), and what was done at first instance keeps its effect there (Article 298, paragraph (1)); it dismisses the appeal if it finds the first judgment proper, and sets the judgment aside if it finds it improper, only as far as the appeal reaches (Articles 302, paragraph (1), 304 and 305). The appeal may be withdrawn until the court of second instance gives its final judgment (Article 292, paragraph (1)); the party appealed against (被控訴人) may file an incidental appeal (附帯控訴) until oral argument concludes, even after its own right to appeal has ended (Article 293, paragraph (1)); and where the court dismisses an appeal filed only to delay the case, it may order the party who appealed (控訴人) to pay up to ten times the fee for filing it (Article 303, paragraph (1)). No appeal to the court of second instance lies against the judgment in a small claims action (少額訴訟) (Article 377).