Chapter VIII Special Provisions on Litigation Proceedings in Summary Court

In summary court, disputes are to be resolved promptly through simplified proceedings.

An action may be filed orally.

When a person files an action, it is sufficient for them to clarify the main points of the dispute, in lieu of providing a statement of the claims.

It is permitted for both parties to voluntarily appear before the court and conduct oral arguments involving their litigation. To do so, the action is filed through an oral statement.

①If the defendant makes a claim in a counterclaim that is subject to the jurisdiction of the district court, the summary court, at the petition of the adverse party, must transfer the principal action and counterclaim to the district court in the form of a ruling. In such a case, the provisions of Article 22 apply mutatis mutandis.

②No appeal may be entered against the ruling stated in the preceding paragraph.

①In a civil dispute, a party may file a petition for settlement with the summary court of jurisdiction in the locality that constitutes the general venue for an action involving the adverse party, indicating the prayer for relief and providing a statement of the claims, as well as indicating the actual circumstances of the dispute.

②If a settlement as referred to in the preceding paragraph cannot be reached, the court, at the petition of both parties who have appeared on a date for settlement, immediately orders the parties to present oral arguments in litigation. In such a case, the party who has filed the petition for settlement is deemed to have filed an action at the time that party filed that petition, and settlement costs become a part of the court costs.

③If the petitioner or the adverse party does not appear on a date for settlement as referred to in paragraph (1), the court may deem that no settlement can be reached.

④The provisions of Articles 264 and 265 do not apply to a settlement as referred to in paragraph (1).

①In an action whose subject matter is a claim for the payment of money, if the defendant does not deny the facts alleged by the plaintiff in oral arguments or does not advance any allegations or evidence, and the court finds it to be appropriate in consideration of the defendant's financial resources and any other circumstances, after hearing the opinion of the plaintiff, the court may issue a ruling ordering the defendant to pay the money under that claim, and establishing rules on a time frame or an installment plan, not exceeding five years from the expiration of the time frame stated in paragraph (3), for paying the money under that claim, and may simultaneously establish that the defendant will be exempted from the obligation to pay any default charges that have accrued after the filing of the action if the defendant pays the money under that claim in accordance with the rules on the time frame or if the defendant pays that money without losing the benefit of time gained from the rules on the installment plan, pursuant to the rules under the following paragraph.

②If the court establishes rules on an installment plan as referred to in the preceding paragraph, it must establish rules on the forfeiture of the benefit of time in the event of the defendant's failure to pay.

③A party may file an objection against a ruling as referred to in paragraph (1) with the court that has issued that ruling, within an inalterable time frame of two weeks from the day on which the party receives notice of that ruling.

④If an objection is filed within the time frame referred to in the preceding paragraph, the ruling referred to in paragraph (1) ceases to be effective.

⑤If no objection is filed within the time frame referred to in paragraph (3), the ruling referred to in paragraph (1) has the same effect as a judicial settlement.

①Oral arguments are not required to be prepared in writing.

②Notwithstanding the provisions of the preceding paragraph, written preparations must be made or the adverse party must be given direct notice prior to oral arguments with regard to any matter for which it would be found that the adverse party is unable to enter a statement without preparation.

③During oral arguments for which the adverse party is not present in court, no matter prescribed in the preceding paragraph may be alleged other than what is stated in a brief that falls under any of the following or conveyed in the notice under the provisions of that paragraph.

The provisions of Article 158 apply mutatis mutandis if the plaintiff or the defendant does not appear on a further date for oral arguments or appears on that date but does not present any oral arguments on the merits.

As provided by the Rules of the Supreme Court, if the court finds it to be appropriate, it may conduct the examination of witnesses or the parties themselves using a means that enables persons to communicate with one another through audio and visual transmissions while gaining an awareness of one another' situation.

①If the court finds it to be appropriate, it may allow the submission of a paper document in lieu of examining a witness or one of the parties themselves or instead of having an expert state an opinion.

②The provisions of Article 205, paragraphs (2) and (3) apply mutatis mutandis to the submission of a paper document in lieu of the examination of witnesses or the parties themselves under the provisions of the preceding paragraph, and the provisions of Article 215, paragraphs (2) and (4) apply mutatis mutandis to the submission of a paper document in lieu of the statement of an opinion by an expert.

①If the court finds it to be necessary, it may have a judicial commissioner assist in the attempt to arrange a settlement or have a judicial commissioner attend the trial so that it may hear the commissioner's opinion on the case.

②The number of judicial commissioners is one or more for each case.

③A judicial commissioner is designated by the court for each case, from among persons appointed in advance by the district court each year.

④The status of persons appointed pursuant to the provisions of the preceding paragraph, their number, and particulars that are otherwise necessary in connection with an appointment as referred to in that paragraph are specified by the Rules of the Supreme Court.

⑤A judicial commissioner is paid travel expenses, a daily allowance, and lodging expenses in the amounts specified by the Rules of the Supreme Court.

In recording, pursuant to the provisions of Article 252, paragraph (1), the facts referred to in item (ii) of that paragraph and the reasons referred to in item (iii) of that paragraph, it is sufficient to record the important points of the prayer for relief and of the statement of the claims, the existence or nonexistence of cause, and the important points of any defense which is the grounds for rejecting the claim.