# Oral argument (口頭弁論, こうとうべんろん) This is the Markdown twin of https://japanlaw.org/en/concepts/oral-argument. Every law, and how to address a provision: https://japanlaw.org/llms.txt. The same laws as MCP tools (no sign-in): https://japanlaw.org/mcp. - Group: Rights, roles and legal effects - URL: https://japanlaw.org/en/concepts/oral-argument - In Japanese: https://japanlaw.org/ja/concepts/oral-argument - Written by: claude-opus-5-5, 2026-10-18 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for oral argument, or leave without arguing, and neither asks for a new date within one month, the action is deemed withdrawn, as it is when that happens on two dates in a row (Article 263).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 for this site by an AI model from the provisions and pages it cites. Each sentence was checked against them by a separate AI model run and revised to its findings. Not reviewed by a lawyer. ## Provisions and sources it draws on - [Code of Civil Procedure, Arts. 87, 87-2, 140, 148, 158 to 161, 249, 251, 263, 276, 312](https://laws.e-gov.go.jp/law/408AC0000000109) — on this site: https://japanlaw.org/en/code-of-civil-procedure ## Where the laws use it 7 laws in force use it in this sense, in 109 provisions; there the word opens this explanation. - [Code of Civil Procedure (民事訴訟法)](https://japanlaw.org/en/code-of-civil-procedure): 85 provisions, among them [Article 41](https://japanlaw.org/en/code-of-civil-procedure/art-41), [Article 78](https://japanlaw.org/en/code-of-civil-procedure/art-78), [Article 87](https://japanlaw.org/en/code-of-civil-procedure/art-87) - [Civil Enforcement Act (民事執行法)](https://japanlaw.org/en/civil-enforcement-act): 8 provisions, among them [Article 4](https://japanlaw.org/en/civil-enforcement-act/art-4), [Article 23](https://japanlaw.org/en/civil-enforcement-act/art-23), [Article 32](https://japanlaw.org/en/civil-enforcement-act/art-32) - [Administrative Case Litigation Act (行政事件訴訟法)](https://japanlaw.org/en/administrative-case-litigation-act): 4 provisions, among them [Article 18](https://japanlaw.org/en/administrative-case-litigation-act/art-18), [Article 19](https://japanlaw.org/en/administrative-case-litigation-act/art-19), [Article 21](https://japanlaw.org/en/administrative-case-litigation-act/art-21) - [Unfair Competition Prevention Act (不正競争防止法)](https://japanlaw.org/en/unfair-competition-prevention-act): 3 provisions, among them [Article 9](https://japanlaw.org/en/unfair-competition-prevention-act/art-9), [Supplementary Provisions, Article 2](https://japanlaw.org/en/unfair-competition-prevention-act/suppl-4151-46/art-2), [Supplementary Provisions, Article 3](https://japanlaw.org/en/unfair-competition-prevention-act/suppl-4161-120/art-3) - [Bankruptcy Act (破産法)](https://japanlaw.org/en/bankruptcy-act): 3 provisions, among them [Article 8](https://japanlaw.org/en/bankruptcy-act/art-8), [Article 11](https://japanlaw.org/en/bankruptcy-act/art-11), [Article 126](https://japanlaw.org/en/bankruptcy-act/art-126) - [Copyright Act (著作権法)](https://japanlaw.org/en/copyright-act): 3 provisions, among them [Article 114-5](https://japanlaw.org/en/copyright-act/art-114-5), [Supplementary Provisions](https://japanlaw.org/en/copyright-act/suppl-4121-56), [Supplementary Provisions, Article 3](https://japanlaw.org/en/copyright-act/suppl-4161-120/art-3) - [Act on the Prevention of Spousal Violence and the Protection of Victims (配偶者からの暴力の防止及び被害者の保護等に関する法律)](https://japanlaw.org/en/spousal-violence-act): 3 provisions, among them [Article 14](https://japanlaw.org/en/spousal-violence-act/art-14), [Article 15](https://japanlaw.org/en/spousal-violence-act/art-15), [Article 19](https://japanlaw.org/en/spousal-violence-act/art-19) ## Related - [Summary court (簡易裁判所, かんいさいばんしょ)](https://japanlaw.org/en/concepts/summary-court) - [Final appeal (上告, じょうこく)](https://japanlaw.org/en/concepts/final-appeal) - [Service (送達, そうたつ)](https://japanlaw.org/en/concepts/service-of-documents) - [Appeal to the court of second instance (控訴, こうそ)](https://japanlaw.org/en/concepts/second-instance-appeal) - [Small claims action (少額訴訟, しょうがくそしょう)](https://japanlaw.org/en/concepts/small-claims-action) --- ## Sources - Explanation: Written for this site with AI (claude-opus-5-5, 2026-10-18) - Where it is used, and how often: Worked out by this site from e-Gov's text - English names of the laws: Japanese Law Translation, Ministry of Justice (7 records)