A petition for a provisional order prior to a ruling (the provisional order means the ruling set forth in paragraph (1) of the preceding Article and a judicial decision in lieu of the ruling set forth in paragraph (2) of the Article; the same applies hereinafter) must be filed by clarifying the purpose thereof and the grounds for seeking a provisional order.
A petitioner for a provisional order prior to a ruling must make a prima facie showing of the grounds for seeking a provisional order.
審判前の保全処分の申立人は、保全処分を求める事由を疎明しなければならない。
When a petition for a provisional order prior to a ruling is filed, the family court (or a high court in the case set forth in paragraph (2) of the preceding Article) may, when it finds it to be necessary, investigate the facts and examine evidence by its own authority.
A petition for a provisional order prior to a ruling may be withdrawn in whole or in part even after a provisional order prior to a ruling is issued.
審判前の保全処分の申立ては、審判前の保全処分があった後であっても、その全部又は一部を取り下げることができる。
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provisional ordermachine translation
「保全処分」
A provisional order the family court hearing a domestic relations case makes by ruling (審判) before it decides the case — a provisional seizure (仮差押え), a provisional disposition (仮処分), the appointment of an administrator of property or another necessary measure under Article 105, paragraph (1) — or the judicial decision a high court makes in its place when the case is before that court.
Defined inArticle 106, paragraph (1)