Domestic Relations Case Procedure Act

A party or a third party who has made a prima facie showing of interest may, with permission from the family court, make a request to a court clerk, as provided by the Rules of the Supreme Court, for the inspection of the contents of an electronic or magnetic record of a case for adjudication of domestic relations (meaning the part of the record of a case for adjudication of domestic relations that relates to matters recorded in a file pursuant to the provisions of this Act or other laws and regulations; the same applies hereinafter in this Article) displayed by the method specified by the Rules of the Supreme Court.

A party or a third party who has made a prima facie showing of interest may, with permission from the family court, make a request to a court clerk for the copying of the matters recorded in an electronic or magnetic record of a case for adjudication of domestic relations, as provided by the Rules of the Supreme Court, by a method of recording them in a file kept on the computer used by that person using the Electronic Data Processing System specified by the Rules of the Supreme Court (meaning an Electronic Data Processing System that connects the computer used by the court and the computer used by the other party to the proceedings via telecommunication lines; the same applies hereinafter), or by any other method specified by the Rules of the Supreme Court.

A party or a third party who has made a prima facie showing of interest may, with permission from the family court, make a request to a court clerk, as provided by the Rules of the Supreme Court, for the issuance of a paper document stating all or part of the matters recorded in an electronic or magnetic record of a case for adjudication of domestic relations, for which the court clerk has certified, by the method specified by the Rules of the Supreme Court, that the contents of the paper document are identical to the matters recorded in the electronic or magnetic record of a case for adjudication of domestic relations, or for the provision of an electronic or magnetic record recording all or part of those matters, for which the court clerk has certified, by the method specified by the Rules of the Supreme Court, that the contents of the electronic or magnetic record are identical to the matters recorded in the electronic or magnetic record of a case for adjudication of domestic relations, by a method of recording it in a file kept on the computer used by that person using the Electronic Data Processing System specified by the Rules of the Supreme Court, or by any other method specified by the Rules of the Supreme Court.

With regard to the part of an electronic or magnetic record of a case for adjudication of domestic relations that relates to the following matters, a party may, notwithstanding the provisions of the preceding three paragraphs, make a request to a court clerk, without permission from the family court, for the inspection, etc. of an electronic or magnetic record of a case for adjudication of domestic relations (meaning the inspection under the provisions of paragraph (1), the copying under the provisions of paragraph (2), or the issuance of a paper document or the provision of an electronic or magnetic record under the provisions of the preceding paragraph; the same applies in the following paragraph). The same applies when a person subject to a ruling makes such a request after the ruling is made, with regard to the part of an electronic or magnetic record of a case for adjudication of domestic relations that relates to the matters set out in item (i):

the matters recorded in an electronic written ruling prescribed in Article 76, paragraph (1) (limited to one recorded in a file pursuant to the provisions of paragraph (3) of that Article) or in an electronic written order (meaning an electronic or magnetic record prepared pursuant to the provisions of Article 76, paragraphs (2) and (3) as applied mutatis mutandis pursuant to Article 81, paragraph (1) and recorded in a file; the same applies in Article 77, paragraph (2) and Article 80, paragraph (2));

the matters that that party has recorded in a file, using the Electronic Data Processing System specified by the Rules of the Supreme Court, pursuant to the provisions of this Act or other laws and regulations;

the matters entered or recorded in a paper document, etc. or recording medium submitted by that party, in the case where such matters have been recorded in a file pursuant to the provisions of Article 132-12, paragraph (1) of the Code of Civil Procedure as applied mutatis mutandis by replacing certain terms and phrases pursuant to Article 38, paragraph (1), or pursuant to the provisions of Article 132-13 of that Code as applied mutatis mutandis by replacing certain terms and phrases pursuant to Article 38, paragraph (2).

The provisions of paragraphs (3) through (5) and paragraphs (8) through (10) of the preceding Article apply mutatis mutandis to a petition for permission for the inspection, etc. of an electronic or magnetic record of a case for adjudication of domestic relations, and the provisions of paragraph (7) of that Article apply mutatis mutandis to a request for the inspection and copying of an electronic or magnetic record of a case for adjudication of domestic relations, respectively.

A party may make a request to a court clerk, as provided by the Rules of the Supreme Court, for the issuance of a paper document stating matters concerning a case for adjudication of domestic relations, for which the court clerk has certified those matters by the method specified by the Rules of the Supreme Court, or for the provision of an electronic or magnetic record recording those matters, for which the court clerk has certified those matters by the method specified by the Rules of the Supreme Court, by a method of recording it in a file kept on the computer used by that person using the Electronic Data Processing System specified by the Rules of the Supreme Court, or by any other method specified by the Rules of the Supreme Court. The same applies when a person subject to a ruling makes such a request after the ruling is made.

A third party who has made a prima facie showing of interest may, with permission from the family court, make a request to a court clerk under the provisions of the preceding paragraph.

When a petition for permission under the provisions of the preceding paragraph is filed by a third party who has made a prima facie showing of interest, the family court may grant permission thereto when it finds it to be appropriate.

When a court or any other government agency, a public prosecutor or an official comes to know in the course of performing their duties that a case that should be adjudicated exists upon the petition of a public prosecutor, the entity or person must give notice to that effect to a public prosecutor of the public prosecutor's office corresponding to the family court which has jurisdiction over the case.

A petition for adjudication of domestic relations must be filed by submitting a written petition (hereinafter referred to as a "written petition for adjudication of domestic relations") to a family court.

A written petition for adjudication of domestic relations must state the following matters:

the party (parties) and the legal representative(s); and

the object of and reasons for the petition.

When a petitioner seeks a ruling on two or more matters, and if the proceedings for adjudication of domestic relations regarding these matters are of the same kind and these matters are based on the same factual and legal cause, the petitioner may seek the ruling by filing a single petition.

When a written petition for adjudication of domestic relations is in violation of the provisions of paragraph (2), the presiding judge must specify a reasonable period and order that the defect should be corrected within that period.

In the case referred to in the preceding paragraph, if the petitioner fails to correct the defect, the presiding judge, by a direction, must dismiss the written petition for adjudication of domestic relations.

An immediate appeal may be filed against the direction set forth in the preceding paragraph.

The provisions of Article 137-2 of the Code of Civil Procedure apply mutatis mutandis when the petitioner does not pay fees for filing a petition for adjudication of domestic relations pursuant to the provisions of the Act on the Costs of Civil Proceedings (Act No. 40 of 1971).

A petitioner may amend the object of or reasons for petition unless there is any change to the basis for the petition; provided, however, that this does not apply after proceedings have been concluded pursuant to the provisions of Article 71 (including the cases where applied mutatis mutandis pursuant to Article 188, paragraph (4)).

An amendment to the object of or reasons for a petition must be made in writing except when it is made on a date for proceedings for adjudication of domestic relations.

If an amendment to the object of or reasons for a petition is unlawful, the family court must make a judicial decision not to permit the amendment.

If an amendment to the object of or reasons for a petition would substantially delay proceedings for adjudication of domestic relations, the family court may make a judicial decision not to permit the amendment.

A family court may summon a person concerned with a case on a date for proceedings for adjudication of domestic relations.

A person concerned with a case who is summoned must appear on a date for proceedings for adjudication of domestic relations; provided, however, that the person may have a representative appear on the person's behalf if there are unavoidable circumstances.

If the person concerned with the case set forth in the preceding paragraph does not appear without justifiable grounds, the family court punishes the person by a non-criminal fine of up to 50,000 yen.

On a date for proceedings for adjudication of domestic relations, the presiding judge controls the proceedings.

The presiding judge may permit a person to speak or prohibit a person who does not comply with direction from speaking.

When a party makes an objection to a direction issued by the presiding judge with regard to the judge's control of proceedings on a date for proceedings for adjudication of domestic relations, the family court makes a judicial decision on such objection.

A family court may have an authorized judge conduct proceedings on a date for proceedings for adjudication of domestic relations; provided, however, that with regard to the investigation of facts and examination of evidence, this is allowed only when an authorized judge may examine facts or examine evidence pursuant to the provisions of Article 61, paragraph (3) or the provisions of Part II, Chapter IV, Sections 1 through 6 of the Code of Civil Procedure as applied mutatis mutandis pursuant to Article 64, paragraph (1).

In the case referred to in the preceding paragraph, the authorized judge performs the duties of the family court and the presiding judge.

A family court may, when it finds it to be appropriate, after hearing the opinions of the parties, conduct proceedings on a date for proceedings for adjudication of domestic relations (excluding the examination of evidence) by means that enables the family court and both parties to communicate simultaneously with one another by audio transmissions, as provided for in the Rules of the Supreme Court.

A party who has participated in the proceedings set forth in the preceding paragraph without appearing on a date for proceedings for adjudication of domestic relations is deemed to have appeared on that date.

The provisions of Article 154 of the Code of Civil Procedure apply mutatis mutandis to the attendance of an interpreter, etc. on a date for proceedings for adjudication of domestic relations, and the provisions of Article 155 of the Code apply mutatis mutandis to the measures for a party, interested party intervenor, representative or assistant in court who is unable to make such statements as necessary to clarify the matters relating to proceedings for adjudication of domestic relations.

A family court must investigate facts by its own authority and must examine evidence as it finds necessary upon petition or by its own authority.

A party is to cooperate in the investigation of facts and examination of evidence in order to achieve appropriate and swift proceedings and adjudication.

A prima facie showing must be made by materials that can be examined immediately.

A family court may have a family court investigating officer examine facts.

If there are pressing circumstances, the presiding judge may have a family court investigating officer examine facts.

A family court investigating officer is to report the results of the examination of facts to the family court in writing or orally.

A family court investigating officer may attach their own opinions to the report under the provisions of the preceding paragraph.

A family court investigating officer may, in lieu of the report in a paper document under the provisions of paragraph (3), make the report, as provided by the Rules of the Supreme Court, by a method of recording the matters to be stated in that paper document in a file using the Electronic Data Processing System specified by the Rules of the Supreme Court, or by a method of submitting a recording medium on which an electronic or magnetic record of the matters to be stated in that paper document is recorded.