An action may be withdrawn in whole or in part before a judgment becomes final and binding.
訴えは、判決が確定するまで、その全部又は一部を取り下げることができる。
The withdrawal of an action after the adverse party has submitted a brief, entered a statement in preparatory proceedings, or conducted oral arguments on the merits, is invalid without the consent of the adverse party; provided, however, that this does not apply to the withdrawal of a counterclaim if the principal action is withdrawn.
訴えの取下げは、相手方が本案について準備書面を提出し、弁論準備手続において申述をし、又は口頭弁論をした後にあっては、相手方の同意を得なければ、その効力を生じない。ただし、本訴の取下げがあった場合における反訴の取下げについては、この限りでない。
The withdrawal of an action must be effected by means of a paper document.
訴えの取下げは、書面でしなければならない。
Notwithstanding the provisions of the preceding paragraph, if a party withdraws an action on a date for oral arguments, preparatory proceedings, or settlement (referred to below as a "proceeding date" in this Chapter), they are not precluded from doing this orally. In such a case, the court clerk must record in the electronic record for that court date that the action has been withdrawn.
In a case as referred to in the main clause of paragraph (2), if an action is withdrawn in writing, the written withdrawal must be served on the adverse party, and if it is withdrawn orally on a proceeding date (unless the adverse party has appeared on that date), an electronic record indicating that action has been withdrawn pursuant to the provisions of the preceding paragraph must be served on the adverse party.
If the adverse party does not state an objection within two weeks from the day on which that party is served with the written withdrawal of an action, the adverse party is deemed to have consented to the withdrawal of the action. The same applies if an action is withdrawn orally on a proceeding date and the adverse party does not state an objection within two weeks from the day on which the action is withdrawn, if the adverse party appears on that date; or within two weeks from the day on which the service under the provisions of the preceding paragraph is made, if the adverse party does not appear on that date.
(Withdrawal of an Action)
The withdrawal of an action after the adverse party has submitted a brief, entered a statement in preparatory proceedings, or conducted oral arguments on the merits…
訴えの取下げは、相手方が本案について準備書面を提出し、弁論準備手続において申述をし、又は口頭弁論をした後にあっては、相手方の同意を得なければ、その効力を生じない。ただし、本訴の取下げがあった場合における反訴の取下げについては、この限りでない。
Open this provision(Withdrawal of an Action)
The withdrawal of an action must be effected by means of a paper document.
訴えの取下げは、書面でしなければならない。
Open this provision(Withdrawal of an Action)
Notwithstanding the provisions of the preceding paragraph, if a party withdraws an action on a date for oral arguments, preparatory proceedings, or settlement…
前項の規定にかかわらず、口頭弁論、弁論準備手続又は和解の期日（以下この章において「口頭弁論等の期日」という。）において訴えの取下げをするときは、口頭ですることを妨げない。この場合において、裁判所書記官は、その期日の電子調書に訴えの取下げがされた旨を記録しなければならない。
Open this provision(Withdrawal of an Action)
In a case as referred to in the main clause of paragraph (2), if an action is withdrawn in writing, the written withdrawal must be served on the adverse party…
第二項本文の場合において、訴えの取下げが書面でされたときはその書面を、訴えの取下げが口頭弁論等の期日において口頭でされたとき（相手方がその期日に出頭したときを除く。）は前項の規定により訴えの取下げがされた旨が記録された電子調書を相手方に送達しなければならない。
Open this provisionelectronic record
「電子調書」
An electronic or magnetic record (電磁的記録) a court clerk (裁判所書記官) prepares under this Code or other laws and regulations to record and certify the form, content, progress and other details of proceedings held on or outside a court date (期日).
Defined inArticle 160, paragraph (1)
proceeding date
「口頭弁論等の期日」
In Part II, Chapter VI (ending a lawsuit other than by judicial decision), a court date (期日) for oral argument (口頭弁論), for preparatory proceedings (弁論準備手続) or for a settlement (和解).
Short name set inArticle 261, paragraph (4)· applies only in this chapter
oral argument
口頭弁論
The hearing at which the parties to a civil lawsuit or another court proceeding put their case to the court by speaking: the parties must argue a lawsuit before the court in oral argument, though in a case to be concluded by a ruling (決定) the court decides whether to hold one (Code of Civil Procedure, Article 87, paragraph (1)), and the rule gives way where a provision says otherwise (paragraph (3)): the court may, for one, dismiss without oral argument an action that is unlawful and cannot be put right (Article 140). The presiding judge directs it (Article 148, paragraph (1)), it must as a rule be prepared in writing, in briefs (準備書面) (Article 161, paragraph (1)), though not in a summary court (簡易裁判所) (Article 276, paragraph (1)), and where the court finds it appropriate it may, after hearing the parties, hold it by a video link, a party who takes part that way being treated as having appeared (Article 87-2, paragraphs (1) and (3)). If a plaintiff or defendant does not appear on the first date for oral argument, or appears but does not argue the merits, the court may treat what their complaint, written answer or other briefs say as stated and have the other party argue (Article 158); a party who does not make clear that they dispute a fact the other party alleges is deemed to admit it, unless the argument as a whole shows they disputed it (Article 159, paragraph (1)), and so is a party who does not appear, unless they were summoned by service by publication (公示送達) (paragraph (3)). If both parties fail to appear on a date for oral argument, or leave without arguing, and neither asks for a new date within one month, the action is deemed withdrawn, as it is when that happens on two dates in a row (Article 263). The judgment is given by the judges who took part in the oral argument it rests on (Article 249, paragraph (1)), as a rule within two months of the day oral argument concludes (Article 251, paragraph (1)). The court clerk makes an electronic record (電子調書) of each date (Article 160, paragraph (1)), and a breach of the rules that oral argument be public is a ground for a final appeal (上告) (Article 312, paragraph (2), item (v)).
Written by AI using Code of Civil Procedure, Arts. 87, 87-2, 140, 148, 158 to 161, 249, 251, 263, 276, 312 as a reference.
service
送達
The delivery of a document in a court proceeding, such as a lawsuit, to the person it is for, by a procedure the law lays down: unless a provision says otherwise, the court carries it out of its own motion, the court clerk handles the work (Code of Civil Procedure, Article 98), and the person who effects it reports on it to the court in writing (Article 100, paragraph (1)); the complaint must be served on the defendant (Article 138, paragraph (1)), and the judgment on the parties (Article 255, paragraph (1)). A document is served by post or by a court enforcement officer (執行官) (Article 101, paragraph (1)), as a rule by handing it to the person (Article 102-2), at their address, residence, place of business or office, or at their workplace where those are unknown or service there meets an obstacle (Article 103); each party, legal representative and litigation representative (訴訟代理人) must tell the court a place in Japan where they are to be served (Article 104, paragraph (1)), and service abroad is made at the presiding judge's request to that country's authorities or to a Japanese ambassador, minister or consul there (Article 108). If the person is not found at a place other than their workplace, the document may be handed to an employee or a person living with them who can be trusted to receive it, and if it is refused without a legitimate reason it may be left there (Article 106, paragraphs (1) and (3)); where it cannot be served in those ways, the court clerk may send it by registered mail, and it counts as served when it is sent (Article 107, paragraphs (1) and (3)). An electronic record can also be served through the courts' electronic system on a person who has registered for it, by making it available to them and sending them a notice, and that service takes effect when they view it or save it to their computer, or one week after the notice was sent, whichever comes first (Articles 109-2, paragraph (1), and 109-3, paragraph (1)); a person who must make filings online, such as a litigation representative (訴訟代理人) entrusted with the case, can be served this way even without registering, and without a notice, the week then running from when the record was made available (Articles 109-4 and 132-11, paragraph (1)). Where a party's address or other place for service is unknown, among other cases, the court clerk may serve by publication (公示送達), on petition or where the court orders it, and serves the same party by publication again of the clerk's own motion, as a rule (Article 110, paragraphs (1) to (3)): that the clerk holds the document and will hand it over at any time is made available for anyone to view, by a method the Supreme Court's rules (最高裁判所規則) set, and posted on the court's notice board or shown on a screen at the court (Article 111), and service takes effect two weeks after that begins, or six weeks for service to be made abroad, though one made again of the clerk's own motion takes effect the day after it begins (Article 112, paragraphs (1) and (2)). Some time limits run from service: an appeal to the court of second instance (控訴), for one, must be filed within two weeks of the day the judgment is served (Article 285).
Written by AI using Code of Civil Procedure, Arts. 98, 100 to 104, 106 to 112, 132-11, 138, 255, 285 as a reference.