A defendant may be sued in the court for the place of the defendant's domicile or, when that court cannot exercise jurisdiction, in the court for the place of defendant's residence. A defendant may also be sued in the court for the place of defendant's residence for a claim arising from transactions or occurrences taking place within the jurisdiction of that court.
Where a defendant has no place of domicile in the R.O.C., or where the defendant's place of domicile is unknown, then the defendant's place of residence in the R.O.C. shall be deemed to be the defendant's place of domicile. Where the defendant has no place of residence in the R.O.C. and where the defendant's place of residence is unknown, then the defendant's last place of domicile in the R.O.C. shall be deemed to be the defendant's place of domicile.
Where an R.O.C. citizen is located in a foreign nation and enjoys immunity from the jurisdiction of such foreign nation, and when he/she cannot be sued in a court in accordance with the provisions of the two preceding paragraphs, then the place where the central government is located shall be deemed to be the place of domicile of such citizen.

A public juridical person may be sued in the court where its principal office is located. A central or local government agency may be sued in the court for the jurisdiction where such office is located.
A private juridical person or unincorporated association that has the capacity to be a party to an action may be sued in the court for the location of its principal office or principal place of business.
A foreign juridical person or unincorporated association may be sued in the court for the location of its principal office or principal place of business in the R.O.C.

In matters relating to proprietary rights, an action may be initiated against a defendant who either does not have a place of domicile in the R.O.C. or whose domicile is unknown, in the court for the location of the defendant's attachable property or the subject matter of the claim.
Where the defendant's attachable property or the subject matter of a claim is a creditor's right, either the place of the debtor's domicile or the location of the subject matter of a security shall be deemed to be the location of the defendant's attachable property or the subject matter of the claim.

In matters relating to proprietary rights, an action may be initiated against an apprentice, an employee, or any other sojourners in the court for the sojourning place of such person.

In matters relating to proprietary rights, an action may be initiated against a soldier or seaman in the court for the location of the principal office or where the warship or ship is registered.

In matters relating to the business of a person's office or place of business, an action may be initiated against such person in the court for the location of its office or place of business.

In matters relating to a ship or its voyage, an action may be initiated against the owner or user of the ship in the court for the place of registration of the ship.

In matters relating to a debt arising from or secured by a ship, an action may be initiated in the court for the location of the ship.

In matters relating to claims arising from its membership, an action may be initiated by a corporation or any association, or its creditor or member, against a member in the court for the location of the association's principal office or principal place of business.
The provision of the preceding paragraph shall apply mutatis mutandis to an action initiated by an association or its creditor or member against such association's staff or former member.

In matters relating to rights in rem, partition, or demarcation of real property, exclusive jurisdiction resides in court for the place where the real property is located.
In other matters relating to real property, an action may be initiated in the court for the place where the real property is located.

In matters relating to debts or rights in rem of any real property provided as a security for such debt, an action may be initiated against the same defendant in the court for the place where the real property is located.

In contract matters, an action may be initiated in the court for the place agreed to by the parties as the place of performance of the contract.

In matters relating to negotiable instruments, an action may be initiated in the court for the location where the instruments are to be honored.

In matters relating to claims arising from the management of property, an action may be initiated in the court for the location where the property is to be managed.

In matters relating to torts, an action may be initiated in the court for the location where the tortious act occurred.
In matters relating to claims for damages arising from a collision of ships or other accidents at sea, an action may be initiated in the court for the location where the damaged ship first arrived, or where the ship inflicting damages is seized or registered.
In matters relating to claims for damages arising from the crash of aircraft or other aviation accidents, an action may be initiated in the court for the location where the damaged aircraft first arrived, or where the aircraft inflicting damages is seized.

In salvage matters, an action may be initiated in the court for the location where the salvage took place, or where the salvaged ship first arrived.

In registration matters, an action may be initiated in the court for the location where the registration is administered.

In matters that become effective upon the death of a natural person, an action may be initiated in the court of jurisdiction at the location where the decedent resided at the time of death.
When the court of jurisdiction, as prescribed in the preceding paragraph, cannot exercise its authority or the occurrences giving rise to the lawsuit took place at the natural person's place of residence, or the natural person was an R.O.C. citizen and either did not have a place of domicile in the R.O.C. or the natural person's place of domicile is unknown at the time of death, then the provision of Article 1 shall apply mutatis mutandis in determining the court of jurisdiction.

In matters relating to an encumbrance upon an inheritance, an action may be initiated in the court prescribed in the preceding Article, provided that the inheritance is in whole or in part located within the jurisdiction of that court.

The court for the location of a codefendant's domicile has jurisdiction over all codefendants, except where a court can obtain jurisdiction over the action in accordance with the provisions of Article 4 through Article 19 inclusive.

When the defendant's domicile, or the locus of real property, or the locus of the tort, or any other loci determinative of the court that has jurisdiction crosses or spreads over the jurisdictional boundaries of several courts, any such court may have jurisdiction over the action.

When several courts may have jurisdiction over an action, a plaintiff may choose to initiate the action in any one of those courts.

The immediate superior court shall, on motion or the request of the court in which the action is pending, designate a court to exercise jurisdiction in case of any of the following:
1.When the court with jurisdiction cannot exercise jurisdiction due to legal or actual impediments, or when special circumstances suggest that by exercising jurisdiction such court may affect the public order or the fairness of the proceeding;
2.When a court with jurisdiction cannot be determined because the jurisdictional boundaries are unascertainable.
When the immediate superior court cannot exercise such authority, the designation provided in the preceding paragraph shall be made by the court superior to the immediate superior court.
The motion provided in the first paragraph may be filed in the court in which the action is pending or in its immediate superior court. The motion provided in the preceding paragraph may be filed in the court in which the action is pending or in the court superior to its immediate superior court.
The ruling designating a court's jurisdiction is not reviewable.

Parties may, by agreement, designate a court of first instance to exercise jurisdiction, provided that such agreement relates to a particular legal relation.
The agreement provided in the preceding paragraph shall be evidenced in writing.

A court obtains jurisdiction over an action where the defendant proceeds orally on the merits without contesting lack of jurisdiction.

The provisions of the two preceding Articles do not apply to an action that is subject to another court's exclusive jurisdiction in accordance with the provisions of this Code.

A court's jurisdiction shall be determined according to the standards existing at the time of the initiation of the action.

A court, upon determining a lack of jurisdiction over the action in whole or in part, will transfer the action to a court with jurisdiction either by ruling on the plaintiff's motion or on its own initiative.
Before proceeding orally on the merits, a party may move the court to transfer the action to another court with jurisdiction when the court in which the action is pending obtains jurisdiction in accordance with the provision of Article 24 and such agreement is part of a standard contract prepared by the opposing party which is either a juridical person or a merchant, and the contract is manifestly unfair under the circumstances, provided however, that this provision will not apply where both parties are either judicial persons or merchants.
A ruling denying the motion for transfer is not reviewable.

When there exist emergent circumstances prior to the transfer of an action, the court shall, either on motion or its own initiative, take necessary measures.

The transferee court is bound by the transfer ruling when such ruling becomes final and binding.
The transferee court cannot retransfer the action to another court, except where the action is subject to another court's exclusive jurisdiction.

An action is deemed to have been initiated ab initio in the transferee court when the transfer ruling becomes final and binding.
In the case provided in the preceding paragraph, the court clerk shall annex the authenticated copy of the ruling to the dossier and forward it to the transferee court.

(Repealed.)

(Repealed.)

(Repealed.)

Any judge shall voluntarily disqualify himself/herself in the following circumstances:
1.When the judge, or the judge's spouse, former spouse, or fianc嶪 is a party to the proceeding;
2.When the judge is or was either a blood relative within the eighth degree or a relative by marriage within the fifth degree, to a party to the proceeding;
3.When the judge, or the judge's spouse, former spouse, or fianc嶪 is a co-obligee, co-obligor with, or an indemnitor to, a party to the proceeding;
4.When the judge is or was the statutory agent of a party to the proceeding, or the head or member of the party's household;
5.When the judge is acting or did act as the advocate or assistant of a party to the proceeding;
6.When the judge is likely to be a witness or expert witness in the proceeding;
7.When the judge participated in making either the prior court decision or the arbitration award regarding the same dispute in the proceeding.

A party may move for the disqualification of a judge in the following circumstances:
1.When the judge does not voluntarily disqualify himself/herself in the circumstances prescribed in the preceding Article;
2.When there exist circumstances other than those prescribed in the preceding Article suggesting that the judge may not perform his/her functions impartially.
A party cannot move for the disqualification of a judge in accordance with the provision of the second subparagraph of this Article after such party has made any motions or statements concerning the action, except where the grounds for disqualification arise or become known thereafter.

A motion for the disqualification of a judge shall be filed in the court to which such judge is assigned, stating the specific grounds for the motion.
A preliminary showing of the grounds of the motion and the facts of disqualification provided for in the second paragraph of the preceding Article shall be made within three days of filing the motion.
The judge for whose disqualification is sought may respond to the motion.

The ruling on a motion for disqualification shall be made by a panel of judges of the court to which such judge is assigned. When the panel cannot be established due to an insufficient number of qualified judges, the ruling shall be made by the Chief Judge of that court. When the ruling cannot be made by the Chief Judge, it shall then be made by the immediate superior court.
The judge for whom disqualification is sought cannot participate in any decision concerning the ruling prescribed in the preceding paragraph.
The judge for whom disqualification is sought shall disqualify himself/herself without the need of a ruling when he/she considers the motion meritorious.

An interlocutory appeal may be taken from a ruling denying the motion for a judge's disqualification. A ruling granting the disqualification motion is not reviewable.

The judge shall, upon a motion for disqualification, stay the proceeding prior to a ruling on the motion, except where the motion is filed in violation of either the provisions of the second paragraph of Article 33 or the first or second paragraph of Article 34, or for the manifest purpose of delaying the proceeding.
Despite a stay in accordance with the provision of the preceding paragraph, necessary measures shall still be taken under emergent circumstances.

When finding that a judge should have voluntarily disqualified himself/herself, the court or the Chief Judge of the court prescribed in the first paragraph of Article 35 shall make the disqualification ruling on its own initiative.
A judge may, with the consent of the Chief Judge of the court to which the judge is assigned, disqualify himself/herself under the circumstances provided in the second subparagraph of the first paragraph of Article 33.

The provisions of this Section shall apply mutatis mutandis to all Judicial Affair Officers, court clerks and interpreters.