Supplementary Provisions, Article 8Transitional Measures Concerning the Method of Service by Publication
第八条（公示送達の方法に関する経過措置）
The provisions of Part I, Chapter V, Section 4, Subsection 4 of the Code of Civil Procedure After the Article 2 Amendment apply to service by publication in cases after the Article 2 amendment, and the provisions then in force continue to govern service by publication in cases before the Article 2 amendment.
第二条改正後民事訴訟法第一編第五章第四節第四款の規定は、第二条改正後事件における公示送達について適用し、第二条改正前事件における公示送達については、なお従前の例による。
case after the Article 2 amendmentmachine translation
「第二条改正後事件」
In the supplementary provisions (附則) of Act No. 48 of 2022, a case on an action (other than personal status litigation (人事訴訟) or enforcement-related litigation in a family court (執行関係訴訟)) filed on or after the date that Act comes into effect — not counting a motion made before that date that a law deems, on or after it, to have been an action filed when the motion was made — or any other civil litigation (民事訴訟) case begun on or after that date.
Short name set inSupplementary Provisions, Article 2, paragraph (1)
Code of Civil Procedure After the Article 2 Amendmentmachine translation
「第二条改正後民事訴訟法」
In the supplementary provisions (附則) of Act No. 48 of 2022, this Code as amended by Article 2 of that Act, leaving out the amendments listed in Article 1, items (iii) and (iv) of those supplementary provisions, which come into effect on dates of their own.
Short name set inSupplementary Provisions, Article 2, paragraph (1)
case before the Article 2 amendmentmachine translation
「第二条改正前事件」
In the supplementary provisions (附則) of Act No. 48 of 2022, a case on an action (other than personal status litigation (人事訴訟) or enforcement-related litigation in a family court (執行関係訴訟)) filed before the date that Act comes into effect — counting a motion made before that date that a law deems, on or after it, to have been an action filed when the motion was made — or any other civil litigation (民事訴訟) case begun before that date.
Short name set inSupplementary Provisions, Article 5, 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.