CODE OF CIVIL PROCEDURE IN JAPAN

This article will provide guidance on the Code of Civil Procedure in Japan. An action filed in a Japanese court may be brought against a Japanese citizen, a foreign national with an established residence in Japan, or a foreign national domiciled in Japan when the action was filed. However, service of process and the collecting of testimony are examples of ‘judicial actions’ that a Japanese court can only perform because they have legal consequences (exercise of jurisdiction.) If another country wants to serve papers or take evidence in Japan, they need Japan's permission first. This often leads to uncertain situations for defendants, especially considering international service of the process requires knowledge of both Japanese courts and the originating court. Consequently, it is preferable to engage the facilities of a private process server like Undisputed Legal which can handle your affairs with efficacy. 

A defendant in a case filed in a foreign court must be served with the complaint, the court's ruling, and any additional papers in Japan. The Japanese judicial system also requires evidence, including the questioning of witnesses. 

 COURT JURISDICTION IN JAPAN

The district court having jurisdiction over the plaintiff's place of residence or domicile may also hear an action seeking the reversal of an administrative determination against the State. A decision of the summary court may be appealed directly to the high court, or a district court judge may be appealed directly to the Supreme Court if both parties agree. The Supreme Court has original jurisdiction in a few distinct types of matters.

What is meant by ‘service of process’ is the delivery of a copy of the complaint and any other papers that alert or force a person or company to do some action in response to a lawsuit. When a defendant has been properly served with process, the court knows without a doubt that they are aware of the claims made against them. When a defendant or responder is situated abroad, it might be difficult to establish jurisdiction since service of process is required. Hiring competent and experienced Japan process service like those at Undisputed Legal is necessary to ensure your documents reach their destination. A ‘complaint’ is a document filed with the court by the plaintiff or the plaintiff's attorney (counsel) in order to initiate a civil trial (file an action). The complaint must include the plaintiff's name, address, and a fiscal stamp in the amount required by law as the fee for starting trial, as well as the nature of the judgment sought (the object of the claim) and the circumstances giving rise to the claim (the statement of the claim).

According to the Court Act, the Code of Civil Procedure, and other associated legislation, a complaint must be filed in either a district court or a summary court, depending on the nature of the dispute (subject-matter jurisdiction) and the location of the defendant (territorial jurisdiction). 

If there is no defect in the complaint's formality, the judge in charge of the case (the presiding judge if the case is tried by multiple judges (a panel)) will set a date and time for trial proceedings to be conducted in an open courtroom (date for oral arguments) and issue a summons to the plaintiff and the defendant. It is the prerogative of the sitting court to direct the plaintiff to amend the complaint if it contains any errors.

WHO CAN HEAR ORAL ARGUMENTS IN JAPAN

It is common for one judge in a summary court, two in a district court, and three in a high court to hear oral arguments in open court. A single judge may hear a matter in a district court unless a higher court rules differently. In contrast, a panel hears cases on appeal from a summary court's ruling and cases designated as ‘complex’ or ‘difficult’ by the court. On the day of the trial's oral arguments, the judge presiding over the case will preside over proceedings, which will be held in a public courtroom. In court, the plaintiff and the defendant, or their respective attorneys (counsel), must make allegations based on the briefs (documents containing the party's allegations and responses to the adverse party's allegations) that they have submitted to the court in advance, and submit evidence in support of their respective allegations. 

A judgment against the defendant may be entered in the absence of the defendant unless the defendant has indicated in an answer (a document in which the defendant responds to the claims, allegations, etc., stated in the complaint) or other documents his/her intention to dispute the plaintiff's claims. The court has the power to ask for an explanation from a party if it finds inconsistencies or ambiguities in the party's allegations or evidence, and the presiding judge may pose questions to the party or order the party to prepare for clarifying the inconsistencies or ambiguities by the next date for proceedings.

PRE-ACTION PROCEDURES IN JAPAN

The nature and specifics of each case dictate which of three possible methods the court will use to organize the issues and evidence, which would be [A.] preliminary oral arguments, [B.] preparatory proceedings, and [C.]  preparatory proceedings by means of papers. All the various actions required for organizing issues and evidence may be carried out in public during the preliminary oral arguments. Without a need for public attendance, pre-trial procedures may take place in a less public setting, such as an argument preparation room. 

Examining documented evidence, witnesses, and the parties themselves, the court makes a conclusion based on the evidence presented after the problems between the plaintiff and the defendant have been clarified via oral arguments or processes to organize issues and evidence. The party that sought the examination of the witness usually conducts the examination first, followed by the party who is being cross-examined. In most cases, the court will conduct its examination of the witness after the parties have finished their own.

The court has the option to examine the evidence presented before it, but it cannot do so without a request from either the plaintiff or the defendant. The examination of the parties is an exception to this norm and may be conducted by the court at its discretion. The court assesses the probative value at its discretion during the fact-finding process, which determines the presence or nonexistence of the contested facts based on the findings of the examination of the evidence.

CIVIL ACTIONS IN JAPAN

 The Code of Civil Procedure governs the procedures in what is known as ‘ordinary litigation,’ a subset of civil litigation. An expedited procedure is in place for cases involving the collection of funds owed on checks or other negotiable instruments. A claimant owed money on a cheque or other negotiable instrument can file suit in the regular or specialized court system.

The second is judicial reviews in common law jurisdictions, known as administrative case litigation. Disputes between private parties and public authorities may be settled via administrative case litigation. Only issues not covered by the Administrative Case Litigation Act are decided according to the Code of Civil Procedure.  In civil cases, a summary or district court is the usual ‘first court of instance’. An action for damages caused by a tort may also be brought to the court with jurisdiction over where the tort occurred. An action pertaining to real property may be filed in the court with jurisdiction over the real property's location. 

process service IN JAPAN

Any person contemplating legal action may, after giving appropriate notice to the potential defendant, make inquiries to the potential defendant with respect to matters that would be necessary in preparing allegations or evidence if the action were filed and request the potential defendant submit a written response in order to improve pre-filing preparations for court cases. In addition, the court may, prior to the filing of an action, require that [A.] the holder of a document provide it to the court, [B.] government agencies or other organizations undertake relevant examinations, and [C.] experts declare their conclusions based on their expert knowledge and experience.

The plaintiff is responsible for initiating civil litigation by submitting a formal document (a ‘complaint’) to the court that has jurisdiction over the disputed issue. A complaint must outline the parties involved, the nature of the dispute, and the damages sought. A claim's goal is the same as a complaint's conclusion; it states the relief sought by the plaintiff in the form of a monetary award, an injunction against further use of real property, or some other kind of judicial action. The plaintiff's statement of the claim should include all the information a court would require to decide whether or not the claim has merit. In addition to the predicted concerns, a complaint must include the precise circumstances that gave birth to the claim. In addition to the required filing fee, the legislation requires that copies of any relevant documents be included with the complaint.

A court clerk handles all service-related matters. The complaint and a writ of summons for the first hearing date are often issued at the same time. For this reason, most court clerks employ special service, a registered mail that allows the sender to verify that the recipient has received the package. A court clerk may effect service by publishing a notice in the posting area of the court (service by publication) if the location where the service is to be effected is unknown, such as the defendant's domicile or home. The complaint will be dismissed if service cannot be made on the defendant.

After receiving a complaint and a summons, a defendant must respond in writing. In most cases, the defendant's response will be to argue that the action or claim brought by the plaintiff should be thrown out. Just as the plaintiff must provide copies of relevant documentary proof when submitting the complaint, so must the defendant when submitting the written response. 

OUT-OF-STATE process SERVICE OF PAPERS IN JAPAN

The procedure of serving legal documents across international boundaries is complex. Since the rules for serving documents might vary greatly from one nation to the next, it's crucial to choose a process server that is well-versed in the specific regulations of the country in question. The Hague Service Convention's approved means of service may be used in Japan. Both formal service via a court of law and informal service via a reliable court clerk falls under this category. In contrast to official service by a marshal, informal service via the mail is not allowed. In the majority of nations, there are two primary types of service: formal and informal. The term ‘formal service’ refers to service governed by a treaty, such as The Hague Service Convention. In this context, ‘informal service of process’ is served by a non-governmental organization. Being aware of your possibilities is crucial since countries have different regulations regarding the services they'll permit. Service of process, whether official or informal, is no problem for Undisputed Legal. We may arrange for an informal serving of process on your behalf in addition to the more common formal service if accepted in the country.  While an informal ceremony may be quicker to arrange, a formal service has the full force of the law behind it. 

The Hague Convention may be used for international service of process in Japan. On May 28, 1970, Japan accepted the Hague Service Convention, also known as the 15 November 1965, on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters.  Japan is a signatory to the Hague Convention, although there are a few items it takes issue with. The Japanese government publicly opposed Article 10(a) of the Convention in 2018. This provision permits service of process to be accomplished via mail.

Since the Japanese postal system is not open to the public, anybody seeking to effectuate service in Japan must use another method. In Japan, the service of process may be accomplished in accordance with Article 5 of the Hague Service Convention. International projects often have strict deadlines and might take longer to see results. Full-service support organizations like Undisputed Legal have great expertise with foreign service of process, but not all service of process providers are similarly proficient. Given our extensive experience in this field, we are well-versed in the many regulations and agreements that govern various situations. Service of process must be made in both English and the language of the country you are serving in, according to international treaties such as The Hague Services Convention and the Inter-American Service Convention on Letters Rogatory and Additional Protocol (IACAP).

If you need to serve a document in Japan, you should send it to the appropriate central authority, who will then use the procedures established by the Japanese government. A skilled court clerk may also be able to help you serve your documents. The clerk notifies the intended recipient that the papers are available, and the receiver may then appear in court to be served.

Alternatively, the recipient may request that the papers be sent to them by expedited mail. If, after three weeks, the intended receiver still refuses to appear in court or respond to the papers, they will be returned to the sender. Like the sheriff in the judicial process serving, the post office must prepare and file official evidence of service documents.

The recipient may request that service be made by a court Marshal, and this is permitted in Japan. Marshals always verify the identity of the intended recipient before delivering legal documents. All paperwork must be fully translated into Japanese before being submitted to Japan. All relevant documents, including summonses, complaints, and evidence, must be included. Both the originals and the translated versions into Japanese must be presented to the recipient at the same time. Japan's Central Authority will deny the service request if the necessary translated papers are not included.

Service of process in Japan must be carried out according to the precise rules established by the Japanese Central Authority; thus, it is recommended that you choose a process server with prior experience serving documents in Japan. Having previously completed service in Japan, we are well-prepared to execute service with maximum efficiency. Just as importantly, it means we plan to adjust courses as necessary to maintain service on the schedule should unexpected difficulties arise. A process server with expertise in Japan is the ideal person to determine the appropriate manner of service, whether via the official channels of the court of justice or the informal channels of a court clerk or marshal.

We at Undisputed Legal provide the services you need to meet Japanese legal standards. You can rely on us for efficient and precise translation assistance. While we are unable to complete the paperwork on your behalf, we can guide you through the procedure. We will help you prepare your service paperwork to submit to the Hague's Central Authority in other member nations. In addition, we keep an eye on the documents you provide even after you have handed them over to us. 

OUR PROCESS

Documents can be faxed at (800)-296-0115, emailed to ps@undisputedlegal.com, mailed to 590 Madison Avenue, 21 Floor, New York, New York 10022, or dropped off at any of our locations. We do require pre-payment and accept all major credit and debit cards. Once payment is processed, your sales receipt is immediately emailed for your records.

Drop-offs must call and make an appointment first to be added to building security to permit access to our office. Documents for service must be in a sealed envelope with payment in the form of a money order or attorney check (WE DO NOT ACCEPT CASH) payable to UNDISPUTED LEGAL INC.; Our receptionist receives all documents.

DOMESTIC COVERAGE AREAS:

Alaska | Alabama | Arkansas | Arizona | California | Colorado | Connecticut | District of Columbia | Delaware | Florida| Georgia | Hawaii | Iowa | Idaho | Illinois | Indiana | Kansas | Kentucky | Louisiana | Maryland | Massachusetts | Maine| Michigan | Minnesota | Mississippi | Missouri | Montana | North Carolina | North Dakota | Nebraska | New Hampshire | New Jersey | New Mexico | Nevada | New York | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island| South Carolina | South Dakota | Tennessee | Texas | Utah | Virginia | Vermont | Washington | West Virginia | Wisconsin | Wyoming

INTERNATIONAL COVERAGE AREAS:

Albania | Andorra | Anguilla | Antigua | Argentina | Armenia | Australia | Austria | Azerbaijan | Bahamas | Barbados | Belarus | Belgium | Belize | Bermuda | Bosnia and Herzegovina | Botswana | Brazil | British Honduras | British Virgin Islands | Bulgaria | Canada | Cayman Islands | Central and Southern Line Islands | Chile|China (Macao) | China People's Republic | Colombia | Costa Rica | Country of Georgia | Croatia | Cyprus | Czech Republic | Denmark | Dominican Republic | Ecuador | Egypt | Estonia | Falkland Islands and Dependences | Fiji | Finland | France | Germany| Gibraltar | Gilbert and Ellice Islands | Greece | Guernsey | Hong Kong | Hungary | Iceland | India | Ireland | Isle of Man | Israel | Italy | Jamaica | Japan | Jersey Channel Islands | Jordan | Kazakhstan | Korea | Kuwait | Latvia | Lithuania| Luxembourg| Malawi | Malaysia | Malta | Mauritius | Mexico| MonacoMontenegro | Montserrat | Morocco | Namibia | Netherlands | New Zealand |Nicaragua | Norway | Pakistan | Panama | Paraguay | Peru | Philippines | Pitcairn |Poland| Portugal | Republic of Moldova | Republic of North Macedonia | Romania |Russian Federation | Saint Vincent and the Grenadines | San Marino | Saudi Arabia | Serbia | Seychelles | Singapore| Slovakia | Slovenia | South Africa | Spain | Sri Lanka | St. Helena and Dependencies | St. Lucia | Sweden | Switzerland | Taiwan | Thailand | Tunisia | Turkey | Turks and Caicos Islands| UkraineUnited Kingdom of Great Britain and Northern Ireland | Uruguay| US Virgin Islands | Uzbekistan | Venezuela | Vietnam

OFFICE LOCATIONS

New York: (212) 203-8001 – 590 Madison Avenue, 21st Floor, New York, New York 10022
Brooklyn: (347) 983-5436 – 300 Cadman Plaza West, 12th Floor, Brooklyn, New York 11201
Queens: (646) 357-3005 – 118-35 Queens Blvd, Suite 400, Forest Hills, New York 11375
Long Island: (516) 208-4577 – 626 RXR Plaza, 6th Floor, Uniondale, New York 11556
Westchester: (914) 414-0877 – 50 Main Street, 10th Floor, White Plains, New York 10606
Connecticut: (203) 489-2940 – 500 West Putnam Avenue, Suite 400, Greenwich, Connecticut 06830
New Jersey: (201) 630-0114 - 101 Hudson Street, 21 Floor, Jersey City, New Jersey 07302
Washington DC: (202) 655-4450 - 1101 Pennsylvania Avenue, N.W. Suite 300, Washington DC 20004

FOR ASSISTANCE SERVING LEGAL PAPERS IN JAPAN

Simply pick up the phone and call Toll-Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all your Japan process service needs; no job is too small or too large! Click Here for information on How To Serve Legal Papers in Japan!

Contact us for more information about our process-serving agency. We are ready to provide service of process to all our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington, D.C.

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Sources

1. For civil cases involving claims of 1.4 million yen or less, the Court Act designates summary courts as the first venue, whereas the Court Act designates district courts as the initial venue for all other general civil cases.

2. There are 438 summary courts and 50 district courts in Japan. If the value of the goods or services at issue is less than 1.4 million yen, the disagreement may be heard in summary court as the first instance court, whereas in situations where the value is more than 1.4 million yen, the matter must be heard in district court.

3. However, the Administrative Case Litigation Act and other legislation provide unique parameters for the courts' ability to hear administrative case litigation.

4. Statement of the claim, or the adequacy of the filing fee, the presiding court is required to set a reasonable time and compel the plaintiff to cure the error. If the plaintiff doesn't do so, the sitting court will dismiss the case (ending the lawsuit). If the repair isn't enough, the judge will likely order the plaintiff to do it again. The sitting judge might instruct a court clerk to suggest that the plaintiff make the required changes.

5. Statements of the counterclaim's answer must be included in the written response

6. Finally, the defendant must indicate whether or not he agrees with the allegations made against him in the complaint. If the defendant denies the facts, they must explain. Also required in the written response are the particulars of the defense, including all facts and evidence that are important to the issues being raised.

7. The Japanese government ‘has not announced that it opposes the delivery of court papers, through postal means, directly to individuals overseas.’ In this regard, Japan has made it clear that ‘[a] lack of objection to the use of postal channels for the delivery of judicial documents to persons in Japan does not necessarily imply that the delivery of such documents by such a method is considered valid service in Japan; rather, it merely indicates that Japan does not consider such delivery to be an infringement of its sovereign power.’

8. In 2018, Japan objected to Article 10(a), marking a departure from the country's historically nuanced stance on service of process by mail. In 1989, Japan made the following declaration at the HCC special commission: