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Chapter Law Content

PART II PROCEDURE IN THE FIRST INSTANCE
Chapter I Ordinary Proceedings
Section 3 Oral Argument
Article 120
The plaintiff shall submit to the court a preparatory pleading in preparation of the oral argument.
It is advisable that the defendant submit its answer no later than a half of the preparation period in preparation of the oral argument.
Article 121
The administrative court may, prior to the oral argument session, take the following measures if it considers necessary to do so in order to expedite the closing of oral argument session:
1. To order the parties, their statutory agents, representatives or administrators to appear in person;
2. To order the parties to produce drawings/illustrations, schedules/lists, translations of documents written in a foreign language, or other documents and objects;
3. To conduct inspections, or order expert testimony, or request an agency or organization to conduct an investigation;
4. To notify witnesses or expert witnesses, and to order documents or objects, or order a third party to produce documents or objects; or
5. To require a commissioned judge or an assigned judge to take evidence.
In order to elucidate or ascertain relations involved in the litigation, the administrative court may, during the oral argument session, take the measures as provided in Subparagraphs 1 to 3 inclusive of the preceding Paragraph, and may temporarily retain in the court the documents and objects produced by a party or a third party.
Article 122
Oral-argument sessions start with the parties' stating their respective claims.
The parties shall make factual and legal statements regarding matters involved in the litigation.
The parties shall not quote documents in lieu of oral statements, except where it is necessary to quote certain passages from the documents and then, the party may do so by reading the essential part.
Article 122-1
If the parties to the litigation, witnesses, expert witnesses, or other persons relevant to the litigation do not speak the language of the Republic of China, the administrative court should appoint an interpreter for the proceedings. The same also applies when the judge does not understand the dialects used by the persons relevant to the litigation.
If the persons relevant to the litigation have a hearing impairment, articulation problems, or speech problems, the administrative court should appoint an interpreter, ask questions in written form, or make them respond in written form.
The rules regarding expert witnesses shall apply mutatis mutandis to the interpreters as provided for in the preceding two paragraphs.
When there are circumstances as provided for in Paragraph 2, the spouse, direct blood relative, or indirect blood relative within three degrees, head of the family, family members, medical doctor, psychologist, counselor, social worker, or any person trusted by the persons relevant to the litigation may accompany such persons in court proceedings if permitted by the presiding judge.
Article 123
Unless otherwise provided, the administrative court shall take evidence in the oral argument sessions.
The parties shall state the evidence used in accordance with the provisions of Section 4 of Chapter I of Part II.
Article 124
The presiding judge shall start, direct and conclude the oral argument session and announce the administrative court's decision.
The presiding judge may prohibit any person from speaking who disobeys his/her direction on oral argument.
When the oral argument needs to be continued, the presiding judge shall promptly designate the date for continuation.
Article 125
An administrative court shall, on its initiative, investigate the factual relationships, and shall not be bound by the parties' factual claims and assertions about the evidence.
The parties to the litigation shall cooperate with the investigation referred to in the preceding Paragraph.
The presiding judge shall strive to allow the parties to examine and debate the facts and the law adequately and comprehensively.
The presiding judge shall question or inform the parties, direct them to make factual representations, offer evidences, or make other necessary statements and representations. If the statements, representations, or types of litigation are ambiguous or incomplete, the presiding judge shall direct the presenting party to clarify or complete them.
After informing the presiding judge, the associate judge may question or inform the parties.
Article 125-1
After seeking opinions from the parties to the litigation, the presiding judge may set a deadline and order the parties to the litigation to do the following:
1. make statements about facts or point out the methods of proof.
2. submit the documents or objects that the parties to the litigation have legal obligations to submit.
If the parties to the litigation miss the deadline described in the preceding Paragraph to make statements about facts, point out the methods of proof, or submit the documents or objects, and if all the following conditions are met, the administrative court may, unless otherwise stipulated by law, make judgments or rulings regardless of such statements about facts or methods of proof:
1. missing the deadline hinders the conclusion of the litigation.
2. the parties to the litigation fail to demonstrate that missing the deadline was not attributable to them.
3. the presiding judge notified the parties to the litigation beforehand of the consequences of missing the deadline.
Article 125-2
To clarify the relationships involved in the litigation, an administrative court may, when necessary, order a judicial affairs officer, based on his or her professional knowledge, to explain the facts and the law.
The particular professional knowledge provided by the judicial affairs officer to the administrative court may only be adopted as the basis of a judgment or ruling if the parties to the litigation are given opportunities to examine such special professional knowledge.
Article 126
The presiding judge shall appoint a judge who is to be commissioned to act in accordance with the provisions of this Act.
Unless otherwise provided, any request to be made by the administrative court shall be made by the presiding judge.
Article 127
The administrative court may order arguments to be held jointly where multiple litigations were initiated separately but are based on the same or same types of factual or legal grounds.
Arguments of several litigations that have been ordered to be held jointly may be decided jointly.
Article 128
The administrative court clerk shall prepare an oral argument transcript, indicating the following matters:
1. The place and date of the oral argument;
2. The full names of the judges, the court clerk, and the interpreter;
3. The subject matter of the litigation;
4. The names of the appearing parties, statutory agents, representatives, administrators, advocates, assistants, and other persons who were summoned to appear; and
5. A statement as to whether the argument was held in public, and, if not, the reason therefor.
Article 129
The oral argument transcript shall indicate the purport of the progress of the argument and the following matters with particularity:
1. Any abandonment, admission of claims, admission of facts and voluntary dismissal of case.
2. Any statement or withdrawal of evidence and any objection to the violation of provisions regulating litigation procedure;
3. Any other important statements or representations made by the parties and the circumstances where the parties were informed but chose not to make statements or representations;
4. Any other statements or representations which are required to be indicated in the transcript by this Act
5. Any testimony of a witness or an expert witness, and any inspection findings;
6. Matters that were ordered to be recorded pursuant to the presiding judge's instruction;
7. Decisions other than those which must be made in writing and included in the dossier; and
8. Announcement of the decision.
Article 130
The transcript, the documents referenced in the transcript that are either included in the dossier or appended to the transcript, indicating matters specified in Subparagraphs 1 to 6 inclusive of the preceding Article, shall, on motion, be read aloud to the person who has interests in the litigation in the court or such person may be permitted to inspect them, and a note to such effect shall be made in the transcript.
Where the person who has interests in the litigation objects to the entries in the transcript, the administrative court clerk may rectify or supplement such entries. If the objection is considered meritless, the administrative court clerk shall make a note of the objection in the transcript.
If machinery is used to record the oral argument session, the implementation regulations shall be prescribed by the Judicial Yuan.
Article 130-1
If there are available technological audio-visual transmission devices between the place of residence or location of the parties, their representative, administrator, advocate, assistant, witness, expert witness or other related persons, or the court located at that place and the administrative court, which can be used by the court to examine the case directly, and the administrative court considers it appropriate, it may, on motion or on its own initiative, use the devices to examine the case.
In the circumstances provided in the preceding Paragraph, the location at which the parties shall appear that is indicated in the summons for the session shall be the location of such devices.
The transcript and other documents to be signed by the person who makes the statement for the procedure conducted in accordance with Paragraph 1, shall be transmitted by the administrative court to the place where the person who makes the statement locates; and after such transcripts and documents have been confirmed and signed by the person who makes the statement, the transcript and documents shall then be transmitted back to the administrative court via telefax or other technological devices.
The implementation regulations for the examination as provided in Paragraph 1 and the transmission of documents as provided in the preceding Paragraph shall be prescribed by the Judicial Yuan.
Article 131
The following provisions concerning the court's or presiding judge's authority shall apply mutatis mutandis to the preparatory proceedings conducted by the commissioned judge:
1. The amended Administrative Litigation Act: Paragraphs 3 to 6 of Article 49, Paragraph 4 and Paragraph 8 of Article 49-1, Paragraph 1 of Article 49-2, Article 55, Paragraph 1 of Article 66, the proviso of Article 67, the first sentence of Paragraph 1 of Article 100, Paragraph 2 of Article 100, the proviso of Paragraph 1 of Article 107, Paragraph 2 of Article 107, the proviso of Paragraph 3 of Article 107, Paragraph 4 of Article 110, Subparagraphs 1 to 4 of Paragraph 1 of Article 121, Paragraph 2 of Article 121, Article 122-1, Article 124, Article 125, Article 125-1, Article 125-2, Article 130-1;
2. The Code of Civil Procedure: Article 49, Paragraph 1 of Article 75, Paragraph 1 of Article 120, Paragraphs 1 and 2 of Article 121, Article 200, Article 207, Article 208, Paragraph 2 of Article 213, Article 213-1, Article 214, Article 217, Article 268, Paragraphs 2 and 3 of Article 268-1, Paragraph 1 of Article 268-2, Paragraphs 1 and 2 of Article 371, and Article 372
Article 132
The following provisions of the Code of Civil Procedure shall apply mutatis mutandis to the circumstances prescribed in this Division: from Article 195 to Article 197, Article 200, Article 201, Article 204, Article 206, Article 208, Article 210, Article 211, Article 213, Paragraph 2, Article 214, Article 215, from Article 217 to Article 219, from Article 265 to Article 268-1, Article 268-2, Article 270, Paragraph 1, from Article 270-1 to Article 271-1, from Article 273 to Article 276.