Personal Status Litigation Act

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.