An objection against the final judgment in a small claims action may be lodged with the court that has entered that judgment, within an inalterable period frame of two weeks from the day on which an electronic judgment or an electronic record recording the parties and legal representatives, the main text, the claims, and the gist of the grounds pursuant to the provisions of Article 254, paragraph (2) (including as applied mutatis mutandis pursuant to Article 374, paragraph (2)) is served; provided, however, that this does not preclude the validity of an objection lodged prior to that time frame.
少額訴訟の終局判決に対しては、電子判決書又は第二百五十四条第二項（第三百七十四条第二項において準用する場合を含む。）の規定により当事者及び法定代理人、主文、請求並びに理由の要旨が記録された電子調書の送達を受けた日から二週間の不変期間内に、その判決をした裁判所に異議を申し立てることができる。ただし、その期間前に申し立てた異議の効力を妨げない。
The provisions of Articles 358 through 360 apply mutatis mutandis to the objection referred to in the preceding paragraph.
第三百五十八条から第三百六十条までの規定は、前項の異議について準用する。
(Special Provisions on the Form for Rendering Judgment)
If the court has rendered a judgment pursuant to the provisions of the preceding paragraph, in lieu of preparing an electronic judgment, the court must have the court clerk make a record of the…
裁判所は、前項の規定により判決の言渡しをしたときは、電子判決書の作成に代えて、裁判所書記官に、当事者及び法定代理人、主文、請求並びに理由の要旨を、判決の言渡しをした口頭弁論期日の電子調書に記録させなければならない。
Open this provision(Waiver of Right to Object)
A person may only waive the right object before lodging that objection.
異議を申し立てる権利は、その申立て前に限り、放棄することができる。
Open this provision(Denial of an Objection, Without Oral Arguments Being Heard)
If an objection is not in accordance with the law and this defect cannot be corrected, the court may enter a judgment denying the objection, without hearing oral arguments.
異議が不適法でその不備を補正することができないときは、裁判所は、口頭弁論を経ないで、判決で、異議を却下することができる。
Open this provision(Withdrawal of an Objection)
An objection may be withdrawn until that time as the court of first instance reaches a final judgment through ordinary proceedings.
異議は、通常の手続による第一審の終局判決があるまで、取り下げることができる。
Open this provision(Rendition of Judgment)
In a case as referred to in the preceding paragraph, the court may render its judgment without basing this on the electronic judgment.
前項の場合には、判決の言渡しは、電子判決書に基づかないですることができる。この場合においては、第二百五十四条第二項及び第二百五十五条の規定を準用する。
Open this provision(Objections)
An objection against the final judgment in a small claims action may be lodged with the court that has entered that judgment, within an inalterable period frame of two weeks from the day on which an…
少額訴訟の終局判決に対しては、電子判決書又は第二百五十四条第二項（第三百七十四条第二項において準用する場合を含む。）の規定により当事者及び法定代理人、主文、請求並びに理由の要旨が記録された電子調書の送達を受けた日から二週間の不変期間内に、その判決をした裁判所に異議を申し立てることができる。
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)
electronic judgment
「電子判決書」
The electronic or magnetic record (電磁的記録) a court must create when it renders a judgment, recording the main text of the judgment (主文), the facts, the reasons, the date oral argument ended, the parties and their legal representatives, and the court.
Short name set inArticle 252, paragraph (1)
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.
small claims action
少額訴訟
A lawsuit in a summary court (簡易裁判所), heard and decided under rules of its own, on a claim to be paid money where the amount in dispute is 600,000 yen or less; the plaintiff asks for it when filing the action and declares how many times they have asked for one in that court that year, and no one may ask for one in the same summary court more times in a year than the Supreme Court's rules (最高裁判所規則) allow (Code of Civil Procedure, Article 368, paragraphs (1) to (3)). A false declaration of that number is punished with a civil fine (過料) of up to 100,000 yen (Article 381, paragraph (1)). No counterclaim (反訴), a claim the defendant brings against the plaintiff in the same suit (Article 146, paragraph (1)), may be filed (Article 369); unless there are special circumstances, the hearing must be completed on the first date for oral argument (口頭弁論), by or on which the parties must put forward all their allegations and evidence (Article 370); only evidence that can be examined at once may be taken (Article 371); and the judgment is, as a rule, given right after oral argument concludes (Article 374, paragraph (1)). The defendant may have the case moved to ordinary proceedings, until they have argued on the first date for oral argument or that date has ended (Article 373, paragraphs (1) and (2)), and the court must move it where, among other cases, the defendant can be summoned to that first date only by service by publication (公示送達) or the court finds a small claims action unsuitable (paragraph (3)). In upholding the claim, the court may, where the defendant's means or other circumstances make it especially necessary, set a time for payment or payment by instalments within three years of the judgment, and excuse the damages for delay since the action was filed if the defendant pays on those terms (Article 375, paragraph (1)), and it must of its own motion declare the judgment provisionally enforceable (仮執行の宣言) (Article 376, paragraph (1)), which makes it a judgment on which compulsory execution (強制執行) can be carried out (Civil Enforcement Act, Article 22, paragraph (1), item (ii)). There is no appeal to the court of second instance (控訴) (Article 377); instead a party may lodge an objection (異議) with the same court within two weeks of being served (送達) with the judgment (Article 378, paragraph (1)), after which the case goes back to where it stood before oral argument concluded and is heard in ordinary proceedings (Article 379, paragraph (1)), and the judgment then given cannot be appealed to the court of second instance either (Article 380, paragraph (1)).
Written by AI using Code of Civil Procedure, Arts. 146, 368 to 381 and Civil Enforcement Act, Art. 22 as a reference.