Personal Status Litigation Act

A summons for an appearance date in personal status litigation proceedings is made through the service of a writ of summons, an announcement of the date to a person who has appeared in connection with the case in question, or any other method found to be appropriate.

If a summons for an appearance date is made other than through the service of a writ of summons or an announcement of the date to a person who has appeared in connection with the case in question, no legal sanction or other disadvantage may be attributed to a person who does not appear on that date; however, this does not apply if the relevant person has submitted a document stating that the person has received a summons for the appearance date.

Service by public notice in personal status litigation proceedings is made by the court clerk keeping the documents to be served and posting, on the court's bulletin board, a notice to the effect that the documents will be delivered to the person to be served at any time.

Among petitions and other statements in personal status litigation proceedings (referred to below in this Article as "motion or statement"), a motion or statement that is to be made by means of a paper document, etc. (meaning a paper document, written material, transcript, extract, authenticated copy, duplicate copy, extra copy, or any other paper or other tangible object into which information that can be perceived with the human senses, such as characters and shapes, has been entered; the same applies in the following paragraph and paragraph (4)) pursuant to the provisions of this Act or other laws and regulations relevant to that motion or statement, and that is made to a court designated by the Supreme Court (including one made to the presiding judge, authorized judge, commissioned judge, or court clerk of that court), may, notwithstanding the provisions of those laws and regulations, be made by using an electronic data processing system (meaning an electronic data processing system that connects a computer (including input and output devices; the same applies in this paragraph and paragraph (3) below) used by the court and a computer used by the person filing the motion or statement over telecommunication lines), as provided for by the Rules of the Supreme Court.

A motion or statement filed pursuant to the provisions of the preceding paragraph is deemed to have been filed by means of a paper document, etc. prescribed in the provisions of the laws and regulations relevant to the motion or statement, in which it is provided that the motion or statement is to be filed by means of a paper document, etc., and the provisions of the laws and regulations relevant to the motion or statement apply.

A motion or statement filed pursuant to the provisions of paragraph (1) is deemed to have arrived at the court as referred to in that paragraph when it is recorded in a file stored on the computer used by that court.

Notwithstanding the provisions of other laws and regulations relevant to the motion or statement, in the case referred to in paragraph (1), a person filing a motion or statement that is to bear a signature, etc. (meaning the relevant person's signature, name, or seal or other inclusion of the relevant person's name or trade name in the paper document, etc.; hereinafter the same applies in this paragraph) pursuant to the provisions of those laws and regulations, in lieu of affixing this signature, etc., is to take measures to clarify the name or trade name of the person filing the motion or statement, as provided for by the Rules of the Supreme Court.

When a motion or statement filed pursuant to the provisions of paragraph (1) has been recorded in the file prescribed in paragraph (3), the court as referred to in paragraph (1) is to output the contents of the data recorded in the file in the form of a paper document.

Inspection or copying of the case records, or the issuance of an authenticated copy, transcript, or extract thereof, under Article 91, paragraph (1) or (3) of the Code of Civil Procedure with regard to a motion or statement filed pursuant to the provisions of paragraph (1) is to be made by means of the paper document referred to in the preceding paragraph. The same applies to the service or transmission of documents pertaining to that motion or statement.

In personal status litigation proceedings, the provisions of Article 71, paragraph (2), Article 91-2, Article 92, paragraphs (9) and (10), Article 92-2, paragraph (2), Article 94, Article 100, paragraph (2), Part I, Chapter V, Section 4, Subsection 3, Article 111, Article 132-6, paragraph (3), Part I, Chapter VII, Article 133-2, paragraphs (5) and (6), Article 133-3, paragraph (2), Article 151, paragraph (3), Article 160, paragraph (2), Article 161, paragraph (3), item (iii), Article 185, paragraph (3), Article 205, paragraph (2), Article 215, paragraph (2), Article 227, paragraph (2), Article 232-2, Article 253, paragraph (2), and Part VII The provisions of Part VII of the Code of Civil Procedure do not apply to personal status litigation proceedings.

A family court investigator may, in lieu of a paper report under the provisions of paragraph (3), as provided for by the Rules of the Supreme Court, make a report by recording the matters to be stated in the document in a file on a computer used by the court (simply referred to as a "file" in Article 35, paragraph (2) and Article 35-2, paragraph (2)) by means of electronic data processing systems (meaning electronic data processing systems that connect a computer (including input and output devices; the same applies in this paragraph below) used by the court and the computer used by the other party of the proceeding over telecommunication lines; the same applies in Article 35, paragraph (2), item (ii)) specified by the Rules of the Supreme Court or by submitting recording media with electronic or magnetic records (meaning records used in computer data processing which are created in electronic form, magnetic form, or any other form that is otherwise impossible to perceive through the human senses alone; the same applies in paragraph (3) of that Article) of the matters to be stated in the report.

A person may file a request under Article 91, paragraph (1), (3) or (4) of the Code of Civil Procedure for inspection or copying, delivery of an authenticated copy, transcript or extract of it, or reproduction of it (referred to below as "inspection, etc."for access to the case records (meaning access to the case records prescribed in Article 92, paragraph (1) of the Code of Civil Procedure; the same applies in this Article below) with respect to a part of the case record that concerns an examination of the facts (referred to below as the "part of the record concerning an examination of the facts" in this Article and paragraph (1) of the following Article) only if the court gives its permission pursuant to the provisions of the following paragraph (3) or paragraph (3)(4).

Notwithstanding the provisions of the preceding paragraph, a party may file a request with the court clerk for access to the case records concerning those portions of the part of the record concerning an examination of the facts set forth below without obtaining the court's approval.

paper documents, etc. (meaning a paper document, written material, transcript, extract, authenticated copy, duplicate copy, extra copy, or any other paper or other tangible object into which information that can be perceived with the human senses, such as characters and shapes, has been entered; the same applies below), audiotapes, or videotapes (including objects on which certain matters are recorded by any means equivalent thereto) submitted by the party;

information recorded in a file using an electronic data processing system specified by the Rules of the Supreme Court by the party pursuant to the provisions of this Act or other laws and regulations;

if the information stated or recorded in a paper document, etc. or recording media submitted by the party were recorded in a file by the court clerk pursuant to the provisions of Article 132-13 of the Code of Civil Procedure applied by replacing terms pursuant to the provisions of paragraph (3) of the following Article, those matters; or

regarding information set forth in the preceding two items, if measures are taken to output the contents to a document or to record those contents in a different recording medium pursuant to the provisions of paragraph (1) of the following Article or Article 92, paragraph (9) of the Code of Civil Procedure, that document or recording medium.

If a party files a petition for permission for inspection, etc. of the access to the case records, etc. with respect to a part of the record concerning that concerns an examination of the facts, the court must permit that inspection, etc.it provided, however, that as it relates to a part of the record concerning an examination of the facts for which it is found that the following risks could arise from conducting the inspection, etc.the party having access to the case records, the court may permit that inspection, etc.access only if the court finds this to be appropriate:

If a third party makes a prima facie showing of interest and files a petition for permission for inspection, etc. of the access to the case records with respect to a part of the record concerning an examination of the facts, the court may permit that inspection, etc.it if it finds this to be appropriate.

An immediate appeal may be filed against a judicial decision denying thedismissing a petition as referred to in paragraph (2)(3).

No appeal may be entered against a judicial decision to dismiss the petition referred to in paragraph (3)(4).

When a court makes a decision referred to in Article 133, paragraph (1) of the Code of Civil Procedure and determines that it is necessary, the court may output to a document the information of the portion of electronic or magnetic case records (meaning electronic or magnetic case records prescribed in Article 91-2, paragraph (1) of that Code; the same applies in this Article below) recording concealed information (meaning personal information of a person seeking anonymity prescribed in Article 133, paragraph (2) of that Code; the same applies in this paragraph below) within the part of the case record that concerns an examination of the facts or any information that can identify by inference any concealed information or record that information in other recording media and take measures to erase those portions from the electronic or magnetic case records and other measures specified by the Rules of the Supreme Court as necessary and appropriate for the security control of those portions.

If measures are taken to erase information from electronic or magnetic case records under the provisions of the preceding paragraph and a subsequent judicial decision to cancel the order referred to in that paragraph becomes final and binding or the court otherwise determines that it is no longer necessary to take the measures, the court clerk must record that portion in a file.

Regarding the application of the provisions of Article 132-13 of the Code of Civil Procedure to matters stated or recorded in a paper document, etc. or recording media containing electronic or magnetic records submitted to the court in accordance with the provisions of this Act or other laws and regulations in an examination of the facts, in item (iv) of that Article, the phrase "under the provisions of Article 133-3, paragraph (1)" is deemed to be replaced with "referred to in Article 133, paragraph (1)," the phrase "of the decision" is deemed to be replaced with "that", the phrase "and containing electronic or magnetic records" is deemed to be replaced with "or that" and "the information" is deemed to be replaced with "concealed information (meaning concealed matters prescribed in paragraph (2) of that Article; the same applies in this item) or any information that can identify by inference any concealed information."

Notwithstanding the provisions of Article 19, paragraph (2), the provisions of Article 266 of the Code of Civil Procedure (excluding the part related to the acknowledgement of a claim in paragraph (2)) and of Article 267, paragraph (1) and ArticleArticles 267 and 267-2 of that Code apply to a settlement (limited to a settlement by which divorce is effected; the same applies in this Article below) and the waiver or acknowledgement of a claim in litigation connected with an action for divorce provided, however, that, with regard to the acknowledgement of claims, this is limited to cases in which it is not necessary to make a judicial decision on ancillary disposition, as referred to in Article 32, paragraph (1) or a judicial decision designating the person with parental authority, as referred to in paragraph (3) of that Article.

With regard to the application of Article 267, paragraph (1) and Article 267-2, paragraph (1) of the Code of Civil Procedure in the case referred to in the preceding paragraph, the phrase "creates an electronic record of a settlement or of the waiver or acknowledgment of a claim and records it in the court's computer files" in Article 267, paragraph (1) of that Code is deemed to be replaced with "enters a settlement or the waiver or acknowledgment of a claim in a record", the phrase "that entry" is deemed to be replaced with "that statement", and the phrase "an electronic record recorded in the court's computer files pursuant to the provisions of paragraph (1) of the preceding Article" in Article 267-2, paragraph (1) of that Code is deemed to be replaced with "a record referred to in paragraph (1) of the preceding Article".