Domestic Relations Case Procedure Act

A ruling must be made, as provided by the Rules of the Supreme Court, by preparing an electronic or magnetic record pertaining to the ruling (hereinafter referred to as an "electronic written ruling"); provided, however, that in making a ruling against which an immediate appeal may not be filed, in lieu of preparing an electronic written ruling, an electronic or magnetic record recording the main text, the party and the legal representative, and the court (referred to in paragraph (3) as an "electronic or magnetic record in lieu of an electronic written ruling") may be prepared, as provided by the Rules of the Supreme Court, or the main text of a ruling may be recorded in an electronic record.

An electronic written ruling must record the following matters:

the main text;

the essentials of the reasons;

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

the court.

When the family court has prepared an electronic written ruling or an electronic or magnetic record in lieu of an electronic written ruling pursuant to the provisions of paragraph (1), it must record them in a file, as provided by the Rules of the Supreme Court.

If there is a miscalculation, clerical error, or any other clear error similar thereto in a ruling, the family court may, upon petition or by its own authority, make a ruling of correction at any time.

A ruling of correction must be made, as provided by the Rules of the Supreme Court, by preparing an electronic written order.

An immediate appeal may be filed against a ruling of correction only by a person who may file an immediate appeal on the assumption that the corrected ruling is the original ruling.

An immediate appeal may be filed against a judicial decision to dismiss the petition set forth in paragraph (1) as unlawful.

When a lawful immediate appeal is filed against a ruling, the immediate appeal set forth in the preceding two paragraphs may not be filed.

When a family court has made a ruling and subsequently finds the ruling to be unreasonable, it may revoke or modify the ruling by its own authority, except for the following rulings:

a ruling to dismiss a petition when a ruling should be made only when a petition is filed; and

a ruling against which an immediate appeal may be filed.

After five years have passed since the day on which a ruling became final and binding, the family court may not revoke or modify it as provided for in the provisions of the preceding paragraph; provided, however, that this does not apply when the family court finds the ruling to be unjust due to a change in circumstances.

When a family court revokes or modifies a ruling pursuant to the provisions of paragraph (1), it must hear statements from the party to the adjudication and any other person subject to adjudication.

An immediate appeal may be filed against a ruling revoking or modifying the previous ruling under the provisions of paragraph (1) only by a person who may file an immediate appeal on the assumption that the ruling after the revocation or modification is the original ruling.

The provisions of Article 247, Article 256, paragraph (1), and Article 258 (excluding the second sentence of paragraph (2) of the Article) of the Code of Civil Procedure apply mutatis mutandis to a ruling. In this case, the phrase "after the rendition" in Article 256, paragraph (1) of the Code is deemed to be replaced with "from the day on which notice of the ruling is first given to the person who receives notice of the ruling".

The provisions of Article 118 of the Code of Civil Procedure apply mutatis mutandis to a final and binding judicial decision rendered by a foreign court on a domestic relations case (including an equivalent determination made by a public authority), unless contrary to the nature thereof.

When a dispute on a legal relationship which will be the basis for an adjudication or any other interlocutory dispute is ready for making a judicial decision, the family court may make an interlocutory order.

An interlocutory order must be made, as provided by the Rules of the Supreme Court, by preparing an electronic written order.

In proceedings for adjudication of domestic relations, the family court makes a judicial decision by an order, except when making a ruling. In this case, the provisions of Articles 73 through 79 (excluding the proviso to Article 74, paragraph (2), Article 76, paragraph (1), and Article 78, paragraph (3)) apply mutatis mutandis.

A judicial decision concerning the control of proceedings for adjudication of domestic relations may be revoked at any time.

A judicial decision other than a ruling may be made by an assistant judge independently.

Except as otherwise provided, a petition for adjudication of domestic relations may be withdrawn in whole or in part before a ruling is made.

A petition for adjudication of domestic relations regarding any of the matters set forth in Appended Table 2 may be withdrawn in whole or in part before a ruling becomes final and binding; provided, however, that after a ruling is made, the withdrawal of a petition will not be effective without the consent of the respondent.

When the consent of the respondent is required for the withdrawal of a petition pursuant to the provisions of the proviso to the preceding paragraph, Article 153 (including the cases where applied mutatis mutandis pursuant to Article 199, paragraph (1)) and Article 199, paragraph (2), the family court must give notice to the respondent of the fact that the petition is withdrawn; provided, however, that this does not apply when the petition is withdrawn orally on a date for proceedings for adjudication of domestic relations and the respondent attends the proceedings on that date.

If the respondent does not file an objection within two weeks from the day on which the respondent has received a notice given under the provisions of main clause of the preceding paragraph, the respondent is deemed to have consented to the withdrawal of the petition. The same applies to the case as provided for in the provisions of proviso to the paragraph when the respondent does not file an objection within two weeks from the day on which the petition has been withdrawn.

The provisions of Article 261, paragraphs (3) and (4) and Article 262, paragraph (1) of the Code of Civil Procedure apply mutatis mutandis to the withdrawal of a petition for adjudication of domestic relations. In this case, in Article 261, paragraph (4) of the Code, the phrase "date for oral arguments, preparatory proceedings, or settlement (referred to below as a 'proceeding date' in this Chapter)" is deemed to be replaced with "date for proceedings for adjudication of domestic relations".

When a petitioner for adjudication of domestic relations (if the consent of the respondent is required for the withdrawal of a petition under Article 153 (including cases where applied mutatis mutandis pursuant to the provisions of Article 199, paragraph (1)) and Article 199, paragraph (2), both parties), on two consecutive occasions, fails to appear on a date for proceedings for adjudication of domestic relations if the petitioner is summoned, or appears on a date for proceedings for adjudication of domestic relations if the petitioner is summoned and leaves their seat without making any statements, the family court may deem that the petition has been withdrawn.

For the purpose of the application of the provisions of this Section if a high court conducts proceedings for adjudication of domestic relations as the court of first instance: in the provisions of the Section (excluding the provisions of Article 58, Article 59, paragraphs (1) through (4), Article 61, paragraphs (1) and (2), and Article 65), the term "family court" is deemed to be replaced with "high court"; in Article 39, Article 49, paragraph (3), Article 56, paragraph (2), Article 65, Article 72, Article 73, Article 74, paragraphs (1) through (3) (excluding the proviso to paragraph (2)), Article 75, Article 77, paragraph (1), Article 78 (excluding paragraph (1), item (ii), and paragraph (4)), Article 79, Article 80, paragraph (1), Article 81, paragraph (1), and Article 82, paragraphs (1) and (2), the term "ruling" is deemed to be replaced with "judicial decision in lieu of a ruling"; in Article 42, paragraph (2), the phrase "outcome of adjudication" is deemed to be replaced with "outcome of a judicial decision in lieu of a ruling"; in Article 47-2, paragraph (4) and Article 47-3, paragraph (1), the phrase "a person subject to a ruling" is deemed to be replaced with "a person subject to a judicial decision in lieu of a ruling", and the phrase "after the ruling" is deemed to be replaced with "after the judicial decision in lieu of a ruling"; in Article 47-2, paragraph (4), item (i) and Article 76, the phrase "electronic written ruling" is deemed to be replaced with "electronic written judgment"; in Article 58, paragraph (1), Article 59, paragraphs (1) through (4), Article 61, paragraph (1), and Article 65, the term "family court" is deemed to be replaced with "high court"; in Article 58, paragraph (3), the term "family court" is deemed to be replaced with "high court"; in Article 59, paragraph (3), the phrase "family court and" is deemed to be replaced with "high court and"; in Article 76, paragraph (1), the phrase "A ruling must be made, as provided by the Rules of the Supreme Court, by preparing an electronic or magnetic record pertaining to the ruling (hereinafter referred to as" is deemed to be replaced with "A judicial decision in lieu of a ruling must be made, as provided by the Rules of the Supreme Court, by preparing an electronic or magnetic record pertaining to the judicial decision in lieu of a ruling (hereinafter in this Article referred to as"; in the proviso to Article 76, paragraph (1), the phrase "ruling against which an immediate appeal may not be filed" is deemed to be replaced with "judicial decision in lieu of a ruling against which an immediate appeal may not be filed on the assumption that it is a ruling by a family court"; and in Article 78, paragraph (1), item (ii), the phrase "ruling against which an immediate appeal may be filed" is deemed to be replaced with "judicial decision in lieu of a ruling against which an immediate appeal may be filed on the assumption that it is a ruling by a family court".

The provisions of Articles 40 and 48 do not apply when a high court conducts proceedings for adjudication of domestic relations as the court of first instance.

An immediate appeal may be filed against a ruling only as specially provided.

An immediate appeal may not be filed independently against a judicial decision on the burden of procedural costs.

Except as otherwise provided, an immediate appeal filed against a ruling must be filed within an unextendable period of two weeks; provided, however, that this does not preclude the effect of an immediate appeal filed prior to such period.

Except as otherwise provided, the period for filing an immediate appeal runs from the day on which a person who is to receive notice of a ruling received notice of a ruling if an immediate appeal is filed by the person, or from the day on which the petitioner received notice of a ruling if an immediate appeal is filed by a person other than a person who is to receive notice of a ruling (if there are two or more such days, the latest day), respectively.

An immediate appeal must be filed by submitting a petition for appeal with the court of prior instance.

A petition for appeal must state the following matters:

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

the indication of the ruling in prior instance, and a statement that an immediate appeal is filed against the ruling.

If an immediate appeal is unlawful and it is obvious that the deficiency cannot be corrected, the court of prior instance must dismiss the appeal.

An immediate appeal may be filed against a ruling made under the provisions of the preceding paragraph.

The immediate appeal set forth in the preceding paragraph must be filed within an unextendable period of one week; provided, however, that this does not preclude the effect of an immediate appeal filed prior to the period.

The provisions of Article 49, paragraphs (4) and (5) apply mutatis mutandis when a petition for appeal is in violation of paragraph (2), and the provisions of Article 137-2, paragraphs (1) through (6) of the Code of Civil Procedure apply mutatis mutandis when fees for filing an immediate appeal are not paid pursuant to the provisions of the Act on the Costs of Civil Proceedings, respectively.