Chapter I Appeals to the Court of Second Instance

①An appeal to the court of second instance may be filed against a final judgment that a district court has entered as the court of first instance, or against a final judgment entered by a summary court; provided, however, that this does not apply if, after the final judgment is entered, both parties agree not to appeal to the court of second instance, though reserving the right to file a final appeal.

②The provisions of Article 11, paragraphs (2) and (3) apply mutatis mutandis to an agreement as referred to in the preceding paragraph.

No appeal to the court of second instance may be filed against a judicial decision on the bearing of court costs alone.

Any judicial decision reached prior to a final judgment is subject to the judgment of the court of second instance; provided, however, that this does not apply to a judicial decision against which no appeal may be filed, nor to a judicial decision against which an appeal may be filed in the form of an appeal against a ruling.

The right to appeal to the court of second instance may be waived.

An appeal to the court of second instance must be filed within an inalterable time frame of two weeks from the day on which the electronic judgment or an electronic record indicating 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) is served; provided, however, that this does not preclude the validity of an appeal to the court of second instance filed prior to that time frame.

①An appeal to the court of second instance must be filed through the submission of a petition for appeal to the court of first instance.

②The following particulars must be entered in a petition for appeal:

①If an appeal to the court of second instance is not in accordance with the law and this defect clearly cannot be corrected, the court of first instance must rule to deny the appeal, in the form of a ruling.

②An immediate appeal may be filed against a ruling as referred to in the preceding paragraph.

The provisions of Article 137 apply mutatis mutandis if a petition for appeal to the court of second instance is in violation of Article 286, paragraph (2), and the provisions of Article 137-2 apply mutatis mutandis if a person has not paid the fees for filing an appeal to the court of second instance in accordance with the provisions of the Act on the Costs of Civil Proceedings.

①A petition for appeal must be served upon the appellee.

②The provisions of Article 137 apply mutatis mutandis if it is impossible to serve a petition for appeal (including if the necessary expenses for serving a petition for appeal have not been prepaid).

If an appeal to the court of second instance is not in accordance with the law and this defect cannot be corrected, the court of second instance may enter a judgment denying the appeal, without hearing oral arguments.

①If the court of second instance has specified a reasonable time frame and ordered the appellant to prepay the necessary expenses for summoning the parties to appear for a court date in accordance with the provisions of the Act on the Costs of Civil Proceedings, but those expenses have not been prepaid, the court may rule to deny the appeal, in the form of a ruling.

②An immediate appeal may be filed against a ruling as referred to in the preceding paragraph.

①An appeal to the court of second instance may be withdrawn before the court of second instance enters a final judgment.

②The provisions of Article 261, paragraphs (3) and (4), Article 262, paragraph (1) and Article 263 apply mutatis mutandis to the withdrawal of appeals to the court of second instance.

①An appellee may file an incidental appeal until such time as oral arguments are concluded, even if this is after the right to appeal to the court of second instance has expired.

②An incidental appeal expires if the appeal to the court of second instance is withdrawn or if the appeal to the court of second instance is denied as not in accordance with the law; provided, however, that an incidental appeal that meets the requirements for an appeal to the court of second instance is deemed to be an independent appeal to the court of second instance.

③Incidental appeals are governed by the provisions on appeals to the court of second instance; provided, however, that an incidental appeal may be filed through the submission of a petition for incidental appeal with the court of second instance.

Upon petition, the court of second instance may rule to issue a declaration of provisional enforceability, in the form of a ruling, but only with regard to the part of the judgment in the first instance against which no objection has been entered.

No objection may be entered against a judicial decision by the court of second instance involving provisional enforcement; provided, however, that an immediate appeal may be filed against a ruling to deny a petition as referred to in the preceding Article.

①Oral arguments are conducted only within the bounds of the modification of the judgment in the first instance that the party seeks.

②The parties must state the results of the oral arguments in the first instance.

The provisions of Part II, Chapters I through VII, except as otherwise provided, apply mutatis mutandis to litigation proceedings in the second instance; provided, however, that this does not apply to Article 269.

①Any procedural act performed in the first instance is also in effect in the second instance.

②The provisions of Article 167 apply mutatis mutandis to a party that advances allegations and evidence in the second instance with regard to a case for which preliminary oral arguments or preparatory proceedings in the first instance have been closed, and the provisions of Article 178 apply mutatis mutandis to a party that advances allegations and evidence in the second instance if the statements or confirmation stated in that Article has been entered in a case for which written preparatory proceedings in the first instance have been closed.

①In the second instance, the parties may not argue that the court of first instance did not have jurisdiction; provided, however, that this does not apply with regard to exclusive jurisdiction (excluding that which is determined by agreement between the parties pursuant to the provisions of Article 11).

②If the court of first instance referred to in the preceding paragraph is the court specified in any of the items of Article 6, paragraph (1), and the litigation is subject to the exclusive jurisdiction of another court pursuant to the provisions of Article 6, paragraph (1), the provisions of the proviso to the preceding paragraph do not apply.

①In the second instance, a counterclaim may be filed only with the consent of the adverse party.

②If the adverse party presents an oral argument on the merits of a counterclaim without stating an objection to it, the adverse party is deemed to have consented to the filing of the counterclaim.

③The provisions of the preceding two paragraphs apply mutatis mutandis to the addition of a claim concerning a person who has appointed someone to act as a lead party.

①The presiding judge, after hearing the opinions of the parties, may specify the time frames for presenting allegations and evidence, amendment the claim or of the statement of the claims, filing a counterclaim, or adding a claim on behalf of or concerning appointing party.

②A party that performs any of the procedural acts prescribed in the preceding paragraph after a time frame specified pursuant to the provisions of that paragraph has passed, must explain to the court the reasons that the party was unable to perform the act within that time frame.

①If the court of second instance finds the judgment in the first instance to be appropriate, it must dismiss the appeal.

②Even if the reasons supplied do not justify the judgment in the first instance, if there is any other reason that does justify that judgment, the court of second instance must dismiss the appeal.

①If the court of second instance dismisses an appeal pursuant to the provisions of paragraph (1) of the preceding Article, and it finds that the appellant has filed the appeal exclusively for the purpose of delaying the conclusion of the litigation, it may order the appellant to pay up to ten times the amount of fees that must be paid for filing an appeal with the court of second instance.

②A judicial decision under the provisions of the preceding paragraph must be indicated in the main text of the judgment.

③A judicial decision under the provisions of paragraph (1) ceases to be valid if a judgment is rendered modifying the judgment on the merits.

④Even if the final appellate court dismisses a final appeal, it may modify a judicial decision under the provisions of paragraph (1).

⑤The provisions of Article 189 apply mutatis mutandis to a judicial decision under the provisions of paragraph (1).

A judgment in the first instance may be reversed or modified only within the bounds of the objection entered against it.

The court of second instance must set aside a judgment in the first instance if it finds that judgment to be unjustified.

If the procedure upon which the judgment in the first instance is made is in violation of the law, the court of second instance must set aside the judgment in the first instance.

If the court of second instance sets aside a judgment in the first instance that has dened the action as not in accordance with the law, it must remand the case to the court of first instance; provided, however, that this does not apply if additional oral arguments in the case are unnecessary.

①In a case other than that which is prescribed in the main clause of the preceding Article, in which the court of second instance sets aside a judgment in the first instance, if additional oral arguments in the case are necessary, it may remand the case to the court of first instance.

②If a case is remanded on the grounds that litigation proceedings in the court of first instance is in violation of the law, that litigation proceedings are deemed to have been set aside by the remand.

If the court of second instance sets aside the judgment in the first instance on the grounds of lack of jurisdiction over the case, it must transfer the case to the court of jurisdiction.

For a judgment involving a claim for the payment of money (excluding a claim stated in Article 259, paragraph (2)), the court of second instance, upon petition, must declare that a provisional enforceability may be effected without security being provided, unless it finds such a declaration to be unnecessary; provided, however, that if the court of second instance finds appropriate, it may require the provisions of security for provisional enforcement.

In the Tokyo High Court, if an appeal is filed against a final judgment that any of the courts specified in the items of Article 6, paragraph (1) enters as the court of first instance in a prescribed IP action, a panel of five judges may rule for the panel to conduct a trial and reach a judicial decision on that case; provided, however, that this does not apply to a case that involves an appeal to the court of second instance, against a final judgment in an action for litigation that has been transferred pursuant to the provisions of Article 20-2, paragraph (1).