The Code of Civil Procedure shall be partly amended as follows:
In the Contents of the Code of Civil Procedure,
"Chapter I. Procedure in District Courts
Section II. Preparation for Oral Proceedings
Section III. Evidence
Sub-Section I. General Provisions
Sub-Section II. Examination of Witnesses
Sub-Section III. Expert Evidence
Sub-Section IV. Documentary Evidence
Sub-Section V. Evidence by Inspection
Sub-Section VI. Examination of Parties
Sub-Section VII. Perpetuation of Evidence
Chapter II. Procedure in Local Courts"
shall read
Chapter II. Oral Proceedings and Preparation therefor
Chapter III. Evidence
Section I. General Provisions
Section II. Examination of Witnesses
Section III. Expert Evidence
Section IV. Documentary Evidence
Section V. Evidence by Inspection
Section VI. Examination of Parties
Section VII. Perpetuation of Evidence
Chapter IV. Special Provisions for the Procedure in Summary Courts"
The words "Judge (hanji)," "Requisitioned Judge (jutaku hanji)," "Bailiff (Shittatsuri)," "Associate Judge (baiseki hanji)," "Commissioned judge (Jumei hanji)" and "Registration Judge" shall respectively read "Judge (saibankan)," "Requisitioned Judge (jutaku saibankan)," "Bailiff (shikkori)," "Associate Judge (baisekisaibankan)," "Commissioned judge (jumei saibankan)" and "Registrar."
In Article 3, "Tokyo City" shall read "the place designated by the Supreme Court."
In Article 7, "a military or naval man, or a civilian attached to the army or navy, or" shall be deleted, and "of the place of the establishment for military or naval use, or of the place of the registry of the ship or vessel for military or naval use, or of the home port of ship" shall read "of the place of the registry of ship."
In Article 22, Paragraph 1, "the Law concerning Constitution of Courts of Justice" shall read "the Court Organization Law," and in the second paragraph of the same Article, "one thousand yen" shall read "five thousand yen."
In Article 24, Paragraph 1, Item 1, "and the Court which ought to take the place of the competent Court under the provisions of Article 13, Paragraph 2 of the Law concerning the Constitution of Courts of Justice" shall be deleted.
To Article 30, the following paragraph shall be added:
A District Court may, if it deems proper, even in case an action falls under the jurisdiction of a Summary Court within the district over which the said District Court has jurisdiction, try and adjudicate the whole or a part of such action for itself on application or ex officio, irrespectively of the provisions of the preceding paragraph;provided that this shall not apply in caset, where, for such action, exclusive jurisdiction is prescribed.
Article 31-(2). A Summary Court may, if it deems proper, even in case an action falls under the jurisdiction thereof, except when the jurisdiction is exclusive, transfer the whole or a part of such action, on application or, ex officio, to the District Court having jurisdiction over the district where the said Summary Court is situated.
Article 33. Immediate complaint may be made against a decision of transfer and a decision by which an application for transfer has been dismissed.
In Article 35, Item 1, "wife" shall read "spouse," in Item 2 of the same Article, "or a relation by affinity within the third degree of relationship of a party" shall read "a relation by affinity within the third degree of relationship of a party or a relative with whom a party resides," and in Item 3 of the same Article, "the curator of a party, or the head or a member of the House to which a party belongs" shall read "or the curator of a party."
Article 39. Exclusion or refusal of a Judge who is a member of a collegiate court and that of a Judge sitting alone of a District Court shall be decided by the Court to which he belongs, and that of a Judge of a Summary Court by the District Court having jurisdiction over the district where the said Summary Court is situated, always by means of a rule.
The decisions mentioned in the preceding paragraph shall be made in the collegiate court, in cases where they are made by a District Court.
In Article 43, "the Judge who has the right of supervision" shall read "the Court which has the right of supervision."
Article 44. The provisions of this Section shall apply mutatis mutandis to Court Clerks. In this case the decision shall be made by the Court to which the Clerk is attached, and the permission which may be granted for the refrainment of a Clerk of a Summary Court shall be given by the Judge of the said Court who is mentioned in Article 37 of the Court Organization Law.
In Article 50, "wife" shall be deleted, and "the consent of the curator, the permission of the husband or the consent of the family council" shall read "the consent of the curator or of the superviser of a guardian."
In Article 79, Paragraph 1, "Local Court" shall read "Summary Court."
To Article 114, the following paragraph shall be added:
In case the Court dismisses an action by a judgment without oral proceedings according to the provisions of the preceding paragraph, it must examine the plaintiff before giving such judgment.
To Article 140, the following paragraph shall be added:
The provisions of Paragraph 1 shall apply mutatis mutandis in cases where a party has failed to appear on the day assigned for oral proceedings. This shall not apply, however, in case the party has been summoned by means of service by publication.
In Article 143, "following the sequence of their respective ranks" shall be deleted.
In Article 151, Paragraph 1, "perusal or" shall be deleted and this paragraph shall become Paragraph 3, Paragraph 2 of the same Article shall become Paragraph 4, and the following two paragraphs shall be added as Paragraphs 1 and 2 of the same Article respectively:
Any person may apply to a Court Clerk for the persual of the record of a case:provided that it does not prevent the Court from preserving the record or from discharging duties.
With reference to the record of the case involving oral proceedings whose hearing was closed to public, only the parties and third persons who have shown the relation of interests may make the application referred to in the preceding paragraph.
In Article 161, Paragraph 2, "Local Court" shall read "District Court."
In Article 180, Paragraph 2, "preceding paragraph" shall read "preceding two paragraphs," this paragraph shall become Paragraph 3, and the following paragraph shall be added after the first paragraph of the same Article:
In cases where service to be effected abroad has been made by publication, the term mentioned in the preceding paragraph shall be six weeks.
In Article 181, "Local Court" shall read "District Court."
To Article 187, the following paragraph shall be added:
In the event of substitution of a single Judge, the Court must, upon application of the party, examine the witnesses who were examined before. This shall apply to the cases where, in the event of substitution of the majority of Judges of a collegiate court, the party has applied to the Court for the examination of witnesses who were examined before.
Article 193-(2). When the Court has found any judgment made against any law and ordinance, it may give a judgment to alter it within a week after its pronouncement;provided that it has not become binding or the Court sees no necessity of further oral proceedings for the case to alter the judgment.
Such judgment of alteration shall be given without oral proceedings.
Summons on the day assigned for the pronouncement of a judgment as mentioned in the preceding paragraph, except by publication, shall be deemed to have been served at the time of posting a writ of summons to the domicile, residence or other place where service is to be effected, of a party whom to make service.
To Article 202 the following paragraph shall be added:
The provisions of Paragraph 2 of Article 114 shall apply mutatis mutandis to the cases as mentioned in the preceding paragraph.
In Book I, Chapter IV, Suction IV, next to Article 207, the following one Article shall be inserted:
"Article 207-(2). Decisions other than judgments (hanketsu) may be made by an Assistant Judge (hanji-ho) alone.
In Book II,
"Chapter I. Procedure in District Court,
shall read "Chapter I. Action," and "Section II. Preparations for Oral Proceedings" shall read "Chapter II. Oral Proceedings and Preparation therefor."
Article 249. In cases where the Court triee an action in a collegiate body, it may, if deemed proper, order that preparatory procedure for oral proceedings shall be conducted by a Commissioned Judge for the whole or a part of the action or for particular issues thereof.
In Book II,
"Section III. Evidence,
SubSection I. General Provisions"
shall read
"Chapter III. Evidence,
Section I. General Provisions."
In Article 265, Paragraph 1, "a member of the section" shall read "a constituent member of the collegiate court," and "Local Court" shall read "District Court or Summary Court," and in Paragraph 2 of the same Article, "Local Court" shall read "District Court or Summary Court."
In Article 269, "five hundred yen" shall read "five thousand yen."
In Book II, "Sub-Section II. Examination of Witnesses" shall read "Section II. Examination of Witnesses."
Article 273. In cases where the Prime Minister or any of other Ministers of State or a person who has occupied any such office is to be examined as a witness with respect to an official secret, the Court must acquire the assent of the Cabinet.
In Article 274, "the House of Peers or the House of Representatives" shall read "the House of Representatives or the House of Councillors."
Article 277. In case a witness fails to appear without good reason, the Court shall order him to bear the costs thereby occasioned, and impose a non-penal fine on him not exceeding five thousand yen, by means of a rule. Immediate complaint may be made against such rule.
Article 277-(2). In case a witness fails to appear without good reason, he shall be punished with a fine not exceeding five thousand yen or detention.
Any person who has violated the provisions of the preceding paragraph may be punished, according to the circumstances, both with fine and detention.
In Article 280, Item 1, "the head of the House to which the witness belongs;and so far as the relatives concerned the same shall apply even after the relationship has ceased to exist" shall read "a person who was in any of the aforesaid relationship with the witness."
Article 284. The provisions of Article 277 and Article 277-(2) shall apply mutatis mutandis, in case where a witness refuses, without reason, to testify after a decision ruling his refusal to testify to be unfounded has become irrevocable.
Article 293. The provisions of Article 277, Article 277-(2), Article 282 and Article 283 shall apply mutatis mutandis where a witness refuses to be sworn.
Articles 298 and 299 ahall be both deleted, and Article 294 shall become Article 296 and the number of Articles 295 to 297 shall be respectively moved down by every two Articles.
Article 294. A witness shall first be examined by the party who has applied for the summon of him, and after the examination has concluded, the other party may examine him.
The presiding judge may examine a witness, after the examination by parties has concluded.
The presiding judge may, if he deems necessary, examine a witness for himself or permit any of the parties to examine him at any time.
The presiding judge may restrict any examination by either party, in cases where it is the repetition of an examination already made or relates to a matter which has no relevancy to the issues, or otherwise he thinks it especially necessary to make such restriction.
The associate judge may examine a witness upon intimating to the presiding judge
Article 295. The parties may object to the permission, disallowance or restriction of an examination mentioned in the provisions of the preceding Article. In this case, the objection shall be decided by the Court.
In Article 300, "Paragraph 2 of the preceding Article" shall read "Article 295."
In Book II, "Sub-Section III. Expert Evidence" shall read "Section III. Expert Evidence."
In Article 301, "the foregoing Sub-Section" shall read "the foregoing Section."
In Article 310, Paragraph 1, "this Sub-Section" shall read "this Section."
In Book II, "Sub-Section IV. Documentary Evidence" shall read "Section IV. Documentary Evidence" .
In Article 318, Article 328, Paragraph 2 and Article 331, Paragraph 1, "five hundred yen" shall read "five thousand yen" .
In Article 232, "this Sub-Section" shall read "this Section" .
In Book II, "Sub-Section V. Evidence by Inspection" shall read "Section V. Evidence by Inspection" .
In Article 335, Paragraph 2, "five hundred yen" shall read "five thousand yen" .
In Book II, "Sub-Section VI. Examination of Parties" shall read "Section VI. Examination of Parties" .
In Article 339, Paragraph 1, "five hundred yen" shall read "five thousand yen" .
In Article 342, "Articles 295 and 297 to" shall read "Articles 294,295,297,299 and" and "this Sub-Section" shall read "this Section" .
In Book II, "Sub-Section VII. Perpetuation of Evidence" shall read "Section VII. Perpetuation of Evidence" .
In Article 343, "this Section" shall read "this Chapter" .
In Article 344, "Local Court" shall read "District Court or Summary Court."
In Book II, Chapter III, Section VII, next to Article 351, the following one Article shall be inserted:
Article 351-(2). In case the parties have made a motion for the examination of a witness in oral proceedings who was examined in the procedure respecting the perpetuation of evidence, the Court shall make such examination.
In Book II, "Chapter II. Procedure in Local Courts" shall read "Chapter IV. Special Provisions for the Procedure in Sommary Courts."
Article 352. In Summary Courts, matters in controversy shall be determined speedily by informal procedure.
In Article 355, Paragraph 1 and Article 356, Paragraph 1, "Local Court" shall read "Summary Court."
Article 356-(2). Summons on the appointed date may be effected by any of the methods deemed appropriate other than those prescribed in.
Article 358. The provisions of Article 138 shall apply mutatis mutandis to the cases where either the plaintiff or the defendant fails to appear on the appointed date for oral proceedings, or although he appears on that date, makes no oral statement on the merits of the case.
Article 358-(2). Except in cases where any of the parties objects to, any matter to be entered in a protocol may be omitted if the judge permits it.
The provisions of the preceding paragraph shall not apply to the observance of provisions concerning the formalities of oral proceedings, nor to compromise, admission as well as waiver of a claim, withdrawal of an action and confession.
Article 358-(3). The Court may, if it deems proper, have written statements presented in substitution for examinations of witnesses or expert witnesses.
Article 358-(4). The Court may, if it deems necessary, cause any of the judicial commissioners to give assistance in effecting a compromise or to attend at the trial to take his opinion as to the case.
Article 358-(5). The number of judicial commissioners shall be one or more with regard to each case.
The judicial commissioners shall be designated by the Court for every case from among persons who have been appointed as such in advance every year by a District Court.
The qualification and number of the person to be appointed in accordance with the provisions of the preceding paragraph, and other matters necessary for making appointment referred to in the said paragraph shall be determined by the Supreme Court.
Article 358-(6). Judicial commissioners are entitled to receive travelling expenses, daily allowances and charges for lodging whose sum is to be fixed by the Supreme Court.
In Article 360, Paragraph 2 shall be deleted and "Paragraph 1" in Paragraph 3, shall read "preceding paragraph" , and Paragraph 1 shall be amended as follows:
Appeal (Koso) may be lodged against a final judgment given by a District Court in first instance or against a final judgment given by a Summary Court, unless both parties have agreed that neither of them shall appeal with the reservation of the right to lodge re-appeal (jokoku) after the final judgment.
In Article 378, next to the words "Chapter1" there shall be inserted the words "to Chapter III."
To Article 383, the following paragraph shall be added:
The provisions of Paragraph 2 of Article 114 shall apply mutatis mutandis to the cases as mentioned in the preceding paragraph.
Article 384-(2). In cases of the Court of Appeal dismissing an appeal according to the provisions of Paragraph 1 of the preceding Article, it may, as it thinks the appellant lodged the appeal with the only intention of delaying the conclusion of the suit, order him to pay the amount under ten times as much as that of revenue stamps the written appeal bears.
The decision as mentioned in the preceding paragraph shall be stated in the formal adjudication.
The decision as mentioned in Paragraph 1 shall lose its effect by the pronouncement of a judgment altering the judgment on its principal matter.
The Court of re-appeal (jokoku) may alter the decision as mentionned in Paragraph 1, even in case it dismisses the re-appeal.
Article 393. Re-appeal (jokoku) may be made to the Supreme Court against the final judgment in the second instance or in the first instance rendered by a High Court, and to the High Court against the final judgment in the second instance rendered by a District Court.
In the cases mentioned in the proviso of Paragraph 1 of Article 360, Re-Appeal may be made directly to the Supreme Court against the judgment of a District Court and to the High Court against the judgment of a Summary Court.
Article 406-(2). When a High Court is the Court of re-appeal, it must, in cases specified by the Supreme Court, transfer the case to the Supreme Court by means of a rule.
In Article 408, Item 2, "ordinary Court" shall read "Court."
In Book III, Chapter II, next to Article 409, the following five Articles shall be inserted:
Article 409-(2). A further re-appeal may be made to the Supreme Court against the final judgment rendered by a High Court in a re-appeal instance but only on the ground that the improper adjudication is made in the said judgment to the effect that a law, ordinance, regulation or disposition is, or is not, constitutional.
Article 409-(3). With respect to the re-appeal under the preceding Article and the procedure of its re-appeal instance, the provisions concerning the re-appeal against a final judgment rendered in the second instance or in the first instance shall apply mutatis mutandis, in so far as they are not inconsistent with the nature of the matters mentioned above;provided that "the original judgment" in Article 403 shall read "the final judgment rendered by a District Court in the second instance or the final judgment of a Summary Court."
Article 409-(4). Objections may be filed to the Court of re-appeal against the judgment it gave, only on the ground that the judgment in contravention of law and ordinance.
Article 409-(5). Such objections must be raised within the days from the day when the judgment has been served. It shall not, however, prejudice the effect of objections made prior to this term.
The term as mentioned in the preceding paragraph shall be a peremptory term.
Article 409-(6). The Court of re-appeal, if it considers an objection reasonable, must make a judgment of alteration.
If it considers an objection groundless, it may reject it by means of a rule.
The provisions of Paragraph 2 of Article 193-(2) shall apply mutatis mutandis to the case mentioned in Paragraph 1.
In Article 412, Paragraph 3, "Supreme Court (Taishin-in)" shall read "Supreme Court (Saiko-Saibansho) or High Court."
In Book III, Chapter III, next to Article 419, the following two Articles shall be inserted:
Article 419-(2). A complaint (kokoku) may be made to the Supreme Court against a rule or order from which a protest is not possible, but only on the ground that an improper adjudication is made in the said decision to the effect that a law, ordinance, regulation or disposition is, or is not, constitutional.
The period for lodging of a complaint mentioned in the preceding paragraph shall be five days.
The term referred to in the preceding paragraph shall be a peremptory term.
Article 419-(3). With respect to a complaint under the foregoing Article and the procedure concerning it, the provisions of Paragraph 2 of Article 418, as well as the provisions concerning the re-appeal under Article 409-(2) and the procedure of its re-appeal instance in so far as they are not inconsistent with the nature of matters mentioned above, shall apply mutatis mutandis.
In Articles 431,441 and Article 442, Paragraph 1, "Local Court" shall read "Summary Court" .
In Article 498, "protest (kosho)" shall read "objection (igi)" , and next to the words "recourse (joso)" there shall be inserted the words "(except a re-appeal under Article 409-(2)."
In Article 500, Paragraph 1, "a renewal of procedure" shall read "In case a re-appeal under Article 409-(2) is made or a renewal of procedure" .
In Article 513, Paragraph 1, "Local Court" shall read "District Court."
In Article 514, Paragraph 2, "Local Court or" shall be deleted.
In Article 527, "Local Court" shall read "District Court."
In Article 531, Paragraph 2, "the Clerk of the Local Court" shall read "the Clerk of the District Court."
The latter part of Paragraph 2 of Article 536 shall be deleted.
In Article 537, "any of the members of the debtor's House" shall read "any of the relatives with whom the debtor resides."
In Article 543, Paragraphs 1 and 2, "Local Court" shall read "District Court."
The latter part of Paragraph 3 of Article 549 shall be deleted.
In Article 560,, 'to Article 558 "shall read" to Article 529, Articles 531 to 552 inclusive, Articles 554,555,557 and 558."
In Article 561, Paragraph 3, "Local Court" shall read "Summary Court" .
In Article 561-(2), next to the words "a decision imposing a non-penal fine" , there shall be inserted the words "and a decision as mentioned in Paragraph 1 of Article 384-(2)."
In Article 562, Paragraph 2, "Local Court" shall read "District Court."
In Article 570, Paragraph 1, "any of the members of the debtor's House" shall read "any of the relatives with whom the debtor resides" , and the words "civil, military or naval" shall be deleted.
In Article 595, Paragraph 1 and Article 616, Paragraph 1, "Local Court" shall read "District Court."
In Article 618, Paragraph 1, "any of the members of the debtor's House" shall read "any of the relatives with whom the debtor resides" , the words "civil, military or naval" shall be deleted, and Items 3 and 4 of the same paragraph shall be amended as follows:
The second paragraph of the same Article shall be amended as follows:
With regard to income as mentioned in Items 1, 5 and 6, only the portion which exceeds three-fourths of the total amount to be received in a year may be attached. In case, however, there is no fear that the debtor will be in distress owing to the attachment, half amount of the income may be attached with the permission of the Court.
Article 618-(2). The provisions of Article 570-(2) shall apply mutatis mutandis to the cases of attachment in accordance with the provisions of Paragraph 2 of the preceding Article.
In Article 622, "Local Court" shall read "District Court."
In Article 629, Paragraph 2, "the Court Clerk's Office" shall read "the Court."
Article 635. An action brought by a creditor who has lodged the objection shall fall under the jurisdiction of the Court of distribution.
In Article 641, Paragraph 1, Articles 718,725 and 726, "Local Court" shall read "District Court."
In Article 731, Paragraph 3, "any of the members of the debtor's House" shall read "any of the relatives with whom the debtor resides."
In Article 739, Article 761, Paragraphs 1 and 2, "Local Court" shall read "District Court."
In Article 764, Paragraph 2, "Local Court" shall read "Summary Court."
In Article 799, Paragraph 2, "the Clerk's Office of" shall be deleted.
In Article 805, Paragraph 1, "Local Court" shall read "Summary Court."