With regard to disqualification and a challenge to a court clerk, the provisions of Article 10, Article 11, and paragraphs (3), (5), (8), and (9) of the preceding Article apply mutatis mutandis.
When a motion for disqualification or a challenge to a court clerk is filed, the court clerk may not participate in the domestic relations case in which the motion is filed until a judicial decision on the motion becomes final and binding; provided, however, that this does not apply if the motion for a challenge is denied on any of the grounds set forth in the items of paragraph (5) of the preceding Article as applied mutatis mutandis pursuant to the preceding paragraph.
A judicial decision of the disqualification or a challenge to a court clerk is to be made by the court to which the court clerk belongs; provided, however, that the judicial decision set forth in the proviso to the preceding paragraph may be made by an authorized judge, etc. (an authorized judge or commissioned judge may make such a decision only when a motion for a challenge is filed with regard to a court clerk who is to attend the proceedings handled by the judge).
domestic relations cases
「家事事件」
A case of adjudication of domestic relations (家事審判) or of mediation of domestic relations (家事調停): the family matters whose procedure this Act governs.
Short name set inArticle 1, paragraph (1)
authorized judge, etc.machine translation
「受命裁判官等」
In Article 12, paragraph (6) and the proviso to Article 13, paragraph (3), an authorized judge (受命裁判官, a member of the court's panel given a task), a commissioned judge (受託裁判官, a judge of another court asked to do it), a judge on a mediation committee (調停委員会), or the single judge of a family court handling a domestic relations case (家事事件).
Defined inArticle 12, paragraph (6)· applies only in this provision and in Article 13, paragraph (3)