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 mediation of domestic relations (meaning the part of the record of a case for mediation 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 mediation 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, 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 mediation 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 mediation 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 mediation 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 mediation 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 mediation 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 and paragraph (6)):

the matters recorded in an electronic written ruling prescribed in Article 76, paragraph (1) as applied mutatis mutandis pursuant to Article 258, paragraph (1) (limited to one recorded in a file pursuant to the provisions of Article 76, paragraph (3)) 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) as applied mutatis mutandis pursuant to Article 258, paragraph (1) and recorded in a file; the same applies in Article 269, paragraph (2));

the matters recorded in an electronic record that records an agreement reached through mediation, or records to the effect that the court has closed the case while deciding not to conduct a mediation or considering that mediation has been unsuccessful;

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 paragraph (3) 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 mediation of domestic relations, and the provisions of paragraph (5) of that Article apply mutatis mutandis to a request for the inspection and copying of an electronic or magnetic record of a case for mediation of domestic relations, respectively.

When a petition for permission for the inspection, etc. of an electronic or magnetic record of a case for mediation of domestic relations is filed by a party in a mediation case regarding the matter prescribed in Article 277, paragraph (1), the provisions of Article 47, paragraphs (3), (4), and (8) through (10) apply mutatis mutandis.

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 mediation 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.

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.

A petition for mediation of domestic relations must be filed by submitting a written petition (referred to as a "written petition for mediation of domestic relations" in the following paragraph and the following Article) to a family court.

A written petition for mediation 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.

An immediate appeal may be filed against a ruling to dismiss a petition for mediation of domestic relations as unlawful.

The provisions of Article 49, paragraphs (3) through (7) and Article 50 (excluding the proviso to paragraph (1)) apply mutatis mutandis to a petition for mediation of domestic relations. In this case, the term "paragraph (2)" in Article 49, paragraph (4) is deemed to be replaced with "Article 255, paragraph (2)".

When a petition for mediation of domestic relations is filed, the family court must send a copy of a written petition for mediation of domestic relations to the respondent, except when the petition is unlawful or when it closes the case for mediation of domestic relations pursuant to the provisions of Article 271 without holding a date for proceedings for mediation of domestic relations; provided, however, that if it is found that there is a risk of interfering with the smooth progress in proceedings for mediation of domestic relations, the family court may give notice to the respondent of the fact that a petition for mediation of domestic relations is filed, in lieu of sending a copy of a written petition for mediation of domestic relations.

The provisions of Article 49, paragraphs (4) through (6) apply mutatis mutandis when it is impossible to send a copy of a written petition for mediation of domestic relations or to give notice in lieu of sending the copy under the provisions of the preceding paragraph, and the provisions of Article 67, paragraphs (3) and (4) apply mutatis mutandis to the prepayment of costs for sending a copy of a written petition for mediation of domestic relations or for giving notice in lieu of sending the copy under the provisions of the preceding paragraph.

A person who intends to file an action on a case where a mediation may be possible pursuant to the provisions of Article 244 must first file a petition for mediation of domestic relations with a family court.

When a person files an action on the case set forth in the preceding paragraph without filing a petition for mediation of domestic relations, the court must, by its own authority, refer the case to a mediation of domestic relations; provided, however, that this does not apply when the court finds it to be inappropriate to refer the case to mediation.

When the court refers a case pursuant to the provisions of the preceding paragraph, it must have the case processed by a family court which has jurisdiction over the case; provided, however, that when it finds it to be particularly necessary in order to process a case for mediation of domestic relations, it may have the case processed by a family court other than the family court which has jurisdiction over the case.