Article 41Joint Litigation Involving a Request for a Simultaneous Trial and Decision
第四十一条（同時審判の申出がある共同訴訟）
If a right that is the subject matter of litigation for one codefendant and a right that is the subject matter of litigation for another codefendant cannot legally coexist and the plaintiff requests it, the court must hear oral arguments and reach a judicial decision without instituting separate litigation.
共同被告の一方に対する訴訟の目的である権利と共同被告の他方に対する訴訟の目的である権利とが法律上併存し得ない関係にある場合において、原告の申出があったときは、弁論及び裁判は、分離しないでしなければならない。
The plaintiff must make the request referred to in the preceding paragraph by the time of conclusion of oral arguments in the second instance.
前項の申出は、控訴審の口頭弁論の終結の時までにしなければならない。
In a case as referred to in paragraph (1), if cases under appeal that each have a codefendant are pending separately before the same court of second instance, the court must hear oral arguments and reach a judicial decision after consolidating them.
第一項の場合において、各共同被告に係る控訴事件が同一の控訴裁判所に各別に係属するときは、弁論及び裁判は、併合してしなければならない。
Read this with the articles around it
(Joint Litigation Involving a Request for a Simultaneous Trial and Decision)
If a right that is the subject matter of litigation for one codefendant and a right that is the subject matter of litigation for another codefendant cannot legally coexist and the plaintiff requests…
共同被告の一方に対する訴訟の目的である権利と共同被告の他方に対する訴訟の目的である権利とが法律上併存し得ない関係にある場合において、原告の申出があったときは、弁論及び裁判は、分離しないでしなければならない。
Open this provisionoral 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.
appeal to the court of second instance
控訴
An appeal against a final judgment that a district court (地方裁判所) gave at first instance, or against a summary court's (簡易裁判所) final judgment (Code of Civil Procedure, Article 281, paragraph (1)): a high court (高等裁判所) hears one against a district court's or a family court's (家庭裁判所) judgment, and a district court one against a summary court's judgment in a civil case (Courts Act, Article 16, item (i), and Article 24, item (iii)). None lies where, after the judgment, both parties agreed not to appeal while keeping the right to a final appeal (上告) (Code of Civil Procedure, Article 281, paragraph (1)), and the right to appeal may be waived (Article 284). It must be filed within two weeks of the day the party is served (送達) with the electronic judgment (電子判決書), or with the electronic record (電子調書) the judgment was recorded in instead, though one filed earlier is still valid (Article 285) — an inalterable period (不変期間), which the court cannot extend or shorten, though it may add time for a party who lives far away (Article 96, paragraphs (1) and (2)) — by submitting a petition for appeal (控訴状) to the court of first instance (Article 286, paragraph (1)), and until that period has run out the judgment does not become final and binding (Article 116, paragraph (1)). The court of second instance hears oral argument (口頭弁論) only within the limits of the change to the first judgment that the parties ask for (Article 296, paragraph (1)), and what was done at first instance keeps its effect there (Article 298, paragraph (1)); it dismisses the appeal if it finds the first judgment proper, and sets the judgment aside if it finds it improper, only as far as the appeal reaches (Articles 302, paragraph (1), 304 and 305). The appeal may be withdrawn until the court of second instance gives its final judgment (Article 292, paragraph (1)); the party appealed against (被控訴人) may file an incidental appeal (附帯控訴) until oral argument concludes, even after its own right to appeal has ended (Article 293, paragraph (1)); and where the court dismisses an appeal filed only to delay the case, it may order the party who appealed (控訴人) to pay up to ten times the fee for filing it (Article 303, paragraph (1)). No appeal to the court of second instance lies against the judgment in a small claims action (少額訴訟) (Article 377).
Written by AI using Code of Civil Procedure, Arts. 96, 116, 281, 284 to 286, 292, 293, 296, 298, 302 to 305, 377 and Courts Act, Arts. 16, 24 as a reference.