A ruling must be made by preparing a , 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, the main text of a ruling may be stated in the written petition for adjudication of domestic relations or in a 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 preparing aan 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.
第七十六条第二項(審判の方式及び電子審判書)改正
電子審判書には、次に掲げる事項を記載録しなければならない。
A An electronic written ruling must staterecord the following matters:
第七十六条第二項第一号(審判の方式及び電子審判書)
主文
the main text;
第七十六条第二項第二号(審判の方式及び電子審判書)
理由の要旨
the essentials of the reasons;
第七十六条第二項第三号(審判の方式及び電子審判書)
当事者及び法定代理人
the party (parties) and the legal representative(s); and
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.
第七十七条第二項(更正決定)改正
更正決定は、裁判最高裁判所規則で定めるところにより、電子決定書を作成してしなければならない。
A ruling of correction must be made by preparing a written judgment, 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.
第七十七条第四項(更正決定)
第一項の申立てを不適法として却下する裁判に対しては、即時抗告をすることができる。
An immediate appeal may be filed against a judicial decision to dismiss the petition set forth in paragraph (1) as unlawful.
第七十七条第五項(更正決定)
審判に対し適法な即時抗告があったときは、前二項の即時抗告は、することができない。
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:
一
申立てによってのみ審判をすべき場合において申立てを却下した審判
a ruling to dismiss a petition when a ruling should be made only when a petition is filed; and
二
即時抗告をすることができる審判
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.
第七十九条
(審判に関する民事訴訟法の準用)Application Mutatis Mutandis of the Code of Civil Procedure Concerning Rulings
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".
第七十九条の二
(外国裁判所の家事事件についての確定した裁判の効力)Validity of Final and Binding Judicial Decision Rendered by Foreign Court on Domestic Relations Case
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.
第八十条第二項(中間決定)改正
中間決定は、裁判最高裁判所規則で定めるところにより、電子決定書を作成してしなければならない。
An interlocutory order must be made by preparing a written judgment, 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.
第二項
家事審判の手続の指揮に関する裁判は、いつでも取り消すことができる。
A judicial decision concerning the control of proceedings for adjudication of domestic relations may be revoked at any time.
第三項
審判以外の裁判は、判事補が単独ですることができる。
A judicial decision other than a ruling may be made by an assistant judge independently.
第八款 取下げによる事件の終了
第八十二条
(家事審判の申立ての取下げ)Withdrawal of Petitions for Adjudication of Domestic Relations
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", the phrase "electronic record" is deemed to be replaced with "record", and the phrase "must record in" is deemed to be replaced with "must enter in".
第八十三条
(家事審判の申立ての取下げの擬制)Deemed Withdrawal of Petitions 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 47, paragraph (6), 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 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, the term "written ruling" is deemed to be replaced with "written judgment"; in Article 76, paragraph (1), the term "ruling" is deemed to be replaced with "judicial decision in lieu of a ruling47-2, 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.
第二節 不服申立て
第一款 審判に対する不服申立て
第一目 即時抗告
第八十五条
(即時抗告をすることができる審判)Rulings Against Which Immediate Appeals May Be Filed
第一項
審判に対しては、特別の定めがある場合に限り、即時抗告をすることができる。
An immediate appeal may be filed against a ruling only as specially provided.
第二項
手続費用の負担の裁判に対しては、独立して即時抗告をすることができない。
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.
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.