To initiate an action, a complaint shall be submitted to the court and indicate the following matters:
1. The parties and their statutory agents;
2. The claim and the transaction or occurrence giving rise to such claim; and
3. The demand for judgment for the relief sought.
It is advisable to indicate in the complaint all matters necessary for determining the competent court to exercise jurisdiction and the applicable proceeding.
It is advisable to indicate in the complaint matters in preparation of oral argument as provided in Article 265.
In an action demanding monetary damages, the plaintiff may, within the scope of the transaction or occurrence giving rise to such claim provided in the second subparagraph of the first paragraph, only indicate the minimum amount claimed with regard to the demand provided in the third subparagraph of the first paragraph and increase the amount claimed before the conclusion of the oral argument in the first instance. Where the plaintiff does not increase the amount accordingly, the presiding judge shall inform him/her of the availability of such an opportunity to increase the amount.
In the case provided in the preceding paragraph, the applicable proceeding shall be determined according to the minimum amount claimed.

In an action demanding the computation and payment for which a defendant is obliged to perform under certain legal relations, the plaintiff may reserve his/her demand with regard to the scope of such payment until the defendant produces the report of its computation.

An action demanding future performance may not be initiated unless it is necessary to make such demand in advance.

An action for a declaratory judgment confirming a legal relation may not be initiated unless the plaintiff has immediate legal interests in demanding such judgment. The same rule shall apply to an action for a declaratory judgment confirming the authenticity of a certificate or the existence or nonexistence of the facts from which a legal relation arises.
A declaratory judgment action confirming the existence or nonexistence of facts from which a legal relation arises provided in the preceding paragraph may not be initiated unless no action of any other kind can satisfy the same purpose.
In the case provided in the preceding paragraph, if another claim may be asserted within the same proceeding, the presiding judge shall elucidate on it; if the plaintiff amends the claim or raises additional claims as a result of such assertion, the restriction provided in the first sentence of the first paragraph of Article 255 will not apply.

Except for a claim which may not be adjudicated in the same proceeding, multiple claims against the same defendant may be asserted concurrently by initiating the action in any court which has jurisdiction over one of the claims insofar as it does not intrude on another court's exclusive jurisdiction.

In case of any of the following, the court shall dismiss the plaintiff's action by a ruling, but where the defect is rectifiable, the presiding judge shall order the plaintiff to rectify within a designated period of time:
(1) Where the civil court does not have jurisdiction over the case, and the case cannot be transferred in accordance with laws;
(2) Where the court in which the action is pending does not have jurisdiction over the action and cannot issue a ruling provided in Article 28;
(3) Where the plaintiff or defendant lacks the capacity to be a party;
(4) Where the plaintiff or defendant lacks the capacity to litigate and is not legally represented by his/her statutory agent;
(5) Where an advocate initiates the action and the advocate lacks authority;
(6) Where the action is not initiated in accordance with the prescribed formality, or lacks other requirements;
(7) Where the action is initiated in violation of either the provisions of Article 253 or the second paragraph of Article 263, or its claim has been adjudicated by a final judgment with binding effect.
(8) The action is initiated in bad faith, for improper purpose or with gross negligence, and the factual or legal claims thereof lacks reasonable basis.
In case of any of the following, the court shall dismiss the plaintiff's action by a judgment without oral argument, but the presiding judge shall order the plaintiff to rectify within a designated period of time if the defect is rectifiable:
(1) Where the plaintiff has no standing or where the plaintiff lacks the right to be protected by law; or
(2) Where the plaintiff's claim, given the facts alleged, is manifestly without legal ground.
In the case of the preceding two paragraphs, the plaintiff cannot make rectification after his/her action is dismissed by a judgment for failure to rectify within the designated period of time.

In the case where the eighth subparagraph of the first paragraph of the preceding Article applies or in the case of the second paragraph of the preceding Article where an action is filed in bad faith, for improper purpose, or with gross negligence, the court may impose a fine of no more than 120,000 New Taiwan Dollars on the plaintiff, his/her legal representative or advocate, respectively.
Where the preceding paragraph applies, the defendant's daily fees, travel expenses and compensation to appointed attorneys shall become part of the litigation expenses and their amount shall be determined at the discretion of the court; and the second paragraph of Article 77-24 and the second and fourth paragraphs of Article 77-25 shall apply mutatis mutandis.
The fine pursuant to preceding first paragraph shall be adjudicated along with the action, and the amount of litigation expense shall also be prescribed in the judgment.
Where the plaintiff appeals against the judgment, it is deemed to be an appeal against a ruling or an appeal against a judgment regarding the part about the fine; but where the plaintiff only appeals against the fine, the procedures governing interlocutory appeal shall apply.
Where the legal representative or advocate is fined and there is an appeal against the judgment regarding the fine, the procedures governing interlocutory appeal shall apply.
The execution of a judgment shall be stayed where there is an appeal against the fine pursuant to the preceding third paragraph.
Where the plaintiff appeals against the judgment of the action, the plaintiff shall provide a security for the fine and litigation expenses prescribed in the preceding third paragraph.

After the court receives the complaint, the presiding judge shall promptly designate a date for the oral-argument session, except where the action shall be forthwith dismissed in accordance with the provision of the preceding article, or where the action shall be transferred to another court in accordance with the provision of Article 28, or where a preparatory proceeding by exchange of pleadings shall be conducted.

The complaint shall be served upon the defendant along with the summons for the oral-argument session.
Except in urgent cases, there shall be a preparation period scheduled for at least ten days between the day of service provided in the preceding paragraph and the day scheduled for the oral-argument session.
In an action where a preparatory proceeding has been conducted, the preparation period provided in the preceding paragraph shall be no less than five days.

The summons for the oral-argument session shall indicate the hour, date, and the place of appearance. Except where it is served upon an attorney, the summons shall also indicate the legal consequences of a failure to appear.

A party may not reinitiate an action which has been initiated during its pendency.

(1) No action will be affected by the fact that the legal relation of the subject matter of the claim has been transferred to a third person whensuch action is pending.
(2) In cases provided in the preceding paragraph, subject to the consent of both parties, the third person may move for assuming the action for a party. If only the opposing party disagrees, either the transferor party or the third person may move the court for a ruling to permit the third party to assume the action.
(3) An interlocutory appeal may be taken from the ruling provided in the preceding paragraph.
(4) In cases provided in the first paragraph, when the third person does not intervene or assume the action, the parties may notify the third person of the action. When the parties do not notify it of the action but the court knows that the claim has been transferred, the court shall immediately notify the third person the fact that the action is pending in writing.
(5) Where the acquisition, creation, loss or alteration of a claimed rightmust be registered pursuant to the applicable laws, the plaintiff may move the court for a ruling to permit the registration of the fact that the action is pending prior to the conclusion of the oral argument of the trial of fact.
(6) For the motion provided in the preceding paragraph,a preliminary showing of the grounds shall be made. Prior to ruling, the court may provide opportunities for both parties to state their opinions.
(7) In cases of inadequacy in the preliminary showing provided in the preceding paragraph, the court may assess an amount for the security and issue a ruling for registration after the security is provided. This also applies to cases in which the preliminary showing is adequate.
(8) The ruling provided in the fifth paragraph shall state the demand for judgment for the relief sought, the claim, and the transaction or occurrence giving rise to such claim.
(9) The plaintiff may file for registration from the registrar agency by showing the ruling provided in the fifth paragraph. This provision will not apply where the defendant and the third person have filed for the transfer registration for the right or object provided in the fifth paragraph and the registrar agency has accepted the application.
(10) Parties may make interlocutory appeal against the ruling provided in the fifth paragraph.Before the appeal court makes the ruling, it must provide opportunities for the parties to state their opinions.The ruling by the appeal court may not be re-appealed.
(11) Where the ground for the registration of the fact that the action is pending has vanished or experienced otherchanges of circumstances, the parties or an interested party may move the court for a ruling to revokethe permission of registration. The motion shall be made to the original court that issues the permission when the case is pending in the third instance.
(12) The second sentence of the sixth paragraph and the tenth paragraph shall apply mutatis mutandis to the motion provided in the preceding paragraph.
(13) After the legal action is concluded or the ruling provided in the fifth paragraph is reversed or revoked, the parties or an interested party may move the court to issue a certificate that requests the registrar agency to deregister such fact.

After the service of the complaint, the plaintiff may not amend his/her claim or raise additional claims, except in case of any of the following circumstances:
1. Where the defendant agrees;
2. Where the amendment or addition of the claim is based on the same transaction or occurrence;
3. Where only the demand for judgment for the relief sought is expanded or reduced;
4. Where the change of circumstances makes it necessary to replace the original claim with another claim;
5. Where the claim shall be adjudicated jointly with regard to several persons and one or several such persons who are not parties are joined as parties;
6. Where the existence or nonexistence of a certain legal relation, based upon which relation the case shall be decided, becomes disputed in the course of the proceeding and an additional claim for a declaratory judgment confirming such legal relation against the defendant is raised;
7. Where it would neither severely obstruct the defendant's defense nor delay litigation.
Where the defendant proceeds orally on the merits without objecting to the amendment or addition of claims, he/she shall be deemed to have agreed to such amendment or addition.

Supplementing or rectifying factual or legal statements without changing the claim shall not be deemed an amendment or addition of claims.

No claim may be amended, nor may an additional claim be raised, if the amendment or the addition of the claim is subject to another court's exclusive jurisdiction or cannot be adjudicated in the same proceeding.

The decision allowing the amendment or addition of the claim in accordance with the proviso of the first paragraph of Article 255, or determining that there is no amendment or addition, is not reviewable.
Where a ruling denying the addition of claims becomes final and binding by reason of a failure to meet the relevant requirements, the plaintiff may, within ten days from the day when the ruling becomes final and binding, move the court to adjudicate such additional claim.

The defendant may, prior to the conclusion of the oral argument, raise a counterclaim against the plaintiff and the persons with regard to whom the counterclaim shall be adjudicated jointly in the court where the plaintiff's claim is pending.

No counterclaim may be raised if it is subject to the exclusive jurisdiction of another court or if it is neither related to the plaintiff's claim nor related to the defendant's means of defense.
No counterclaim may be raised if it cannot be adjudicated in the same proceeding with the plaintiff's claim.
The court may dismiss a counterclaim without prejudice where it is raised by a party for purposes of delaying litigation.

A claim may be amended, and an additional claim and counterclaim may be raised in the oral-argument sessions.
The amendment or addition of claims, or counterclaims made in the oral-argument sessions shall be indicated in the oral-argument transcript. The transcript shall be served on the opposing party when the opposing party was not present.

The plaintiff may, before the judgment becomes final and binding, voluntarily dismiss the action in whole or in part, and except where the defendant has proceeded orally on the merits, such dismissal shall be subject to his/her consent.
A voluntary dismissal shall be made by pleadings. Notwithstanding, it may be made orally before the court or the commissioned judge in the court session.
A voluntary dismissal made orally shall be indicated in the transcript and in the case where the opposing party was not present, such transcript shall be served on the opposing party.
The defendant is deemed to have agreed to the voluntary dismissal if he/she does not object to such dismissal within ten days from the day of the court session in the case where he/she appeared and did not express whether he/she agreed or disagreed, or from the day of service of the transcript provided in the preceding paragraph or the dismissal pleading in case where he/she failed to appear in the court session or where the dismissal is made by pleadings.

An action dismissed voluntarily is deemed an action never initiated. Notwithstanding, no voluntary dismissal of the plaintiff's claim will render a counterclaim inoperative.
An action may not be re-initiated if it is dismissed voluntarily after a final judgment has been entered.

Where the plaintiff's claim has been dismissed voluntarily, the voluntary dismissal of a counterclaim is not subject to the plaintiff's consent.

For purposes of oral argument preparation, parties shall submit to the court a pleading which indicates his/her means of attack or defense, and his/her responses to the opposing party's statements and means of attack or defense, and send a written copy or photocopy of the same directly to the opposing party.
When the opposing party disputes the successful delivery of a written copy or photocopy of the pleading provided in the preceding paragraph, the party submitting the pleading shall make a preliminary showing thereof.

The plaintiff's pleading made in preparation for oral argument shall indicate the following:
1. The facts and reasons on which his/her claim is based;
2. The evidence proving the disputed facts; in case of multiple evidence, all of them;
3. A statement either admitting or denying the facts and evidence alleged by the opposing party; in the case of denial, the reasons therefor.
The defendant's answer shall indicate the following:
1. The facts and reasons of his/her defenses;
2. The matters provided in the second and third subparagraphs of the preceding paragraph.
The matters provided in each subparagraph of the two preceding paragraphs shall be specified with particularity.
A photocopy of all documentary evidence referred to in the pleadings provided in the first and the second paragraphs shall be submitted to the court with a photocopy of the pleadings sent directly to the opposing party.

The defendant shall, if he/she considers it necessary to do so, submit his/her answer to the court, with a written copy or photocopy thereof sent directly to the plaintiff within ten days after receiving the complaint, and no later than five days prior to the oral-argument session if one has been designated.
Where any matter which should be notified to the opposing party in preparation of the case is not indicated in the complaint or answer, the parties shall submit to the court a preparatory pleading indicating such matter with a written copy or photocopy thereof sent directly to the opposing party within the period which the opposing party needs to prepare for such matter, and no later than five days prior to the oral-argument session if one has been designated.
The parties shall submit to the court the preparatory pleading, if any, to dispute or respond to the matters indicated in the pleadings provided in the two preceding paragraphs with a written copy or photocopy thereof sent directly to the opposing party within five days after receiving such pleadings as provided in the two preceding paragraphs, and no later than three days prior to the oral-argument session if one has been designated.

The presiding judge may, if he/she is of the opinion that the preparation for oral argument has not been completed, order the parties to submit a preparatory pleading or answer with complete indications in accordance with the provisions of Article 265 to Article 267 inclusive, within the period of time such judge designates, and may also order them to specify or state in detail the evidence which they propose to use with regard to a certain matter.

After a preparatory proceeding by exchange of pleadings has been completed in accordance with the provisions of the two preceding articles, the presiding judge or the commissioned judge shall promptly designate a date for the oral-argument session or the preparatory session.
The court shall require the parties to formulate and agree on simplifying the issues.
The presiding judge may, if necessary, order the parties to submit a pleading summarizing the result of the formulation of the issues within the period of time to be designated by the judge.
The pleading provided in the preceding paragraph shall be made in concise writing, in orderly itemized paragraphs, and must not make general reference to the previous statements presented in pleadings or orally.

Where a party either fails to submit pleadings or to state evidence in accordance with the provisions of Articles 267 and 268, and the third paragraph of the preceding article, the court may, on motion or on its own initiative, order such party to explain the reasons by pleadings.
Where the party fails to explain in accordance with the provision of the preceding paragraph, the court may apply the provision of Article 276 mutatis mutandis or take such fact as part of the entire import of oral argument in forming its decision.

The court may, prior to the oral argument, take the following measures if it considers it necessary to do so in order to expedite the closing of oral argument:
1. To order the parties or their statutory agents to appear in person;
2. To order the parties to produce documents and objects;
3. To notify witnesses or expert witnesses, and to send for documents or objects, or order a third person to produce documents or objects;
4. To conduct inspections, or order expert testimony, or request an agency or organization to conduct an investigation;
5. To require a commissioned judge or an assigned judge to take evidence.

In an action adjudicated by judges sitting in council, the court may, if necessary, appoint one of the judges to be the commissioned judge to conduct the preparatory proceeding.
The preparatory proceeding shall not proceed beyond the clarification of the relations involved in the action, except where the court has ordered that evidence be taken in the preparatory proceeding.
The commissioned judge may not be ordered to take evidence except in the following cases:
1. If it is necessary to take the evidence at the place where such evidence is located;
2. The evidence shall be taken outside the courthouse pursuant to the applicable laws;
3. Taking the evidence in the oral-argument sessions may result in the destruction or loss of such evidence or the obstruction of its use, or it is manifestly difficult to do so;
4. Both parties agree to have the evidence taken by the commissioned judge.
The provisions of the first and the second paragraphs of Article 251 shall apply mutatis mutandis to the preparatory proceeding.

For the purpose of clarifying the relations involved in the action, the commissioned judge may conduct the following activities without holding a session in public:
1. To order the parties to explain the matters indicated in the preparatory pleadings;
2. To order the parties to make statements with regard to the facts, documents, or objects;
3. To formulate and simplify the issues;
4. Other necessary matters.
In conducting the proceeding provided in the preceding paragraph, the commissioned judge may excuse himself/herself or a party from the proceeding temporarily if he/she considers it appropriate to do so, or order the parties to reach an agreement, within a period of not more than seven days as he/she may designate, on simplifying the issues alleged or other matters which can expedite the litigation and make a joint report to the court. Notwithstanding, the parties shall be ordered no more than two times to reach such an agreement.
The parties shall be bound by their agreement reached, if any, in accordance with the provisions of subparagraph of the preceding paragraph with regard to the issues they alleged, except where they have agreed on an amendment to said agreement, or where reasons exist not imputable to the parties, or other circumstances render such binding agreement manifestly unfair.

The transcript of the preparatory proceeding shall indicate the following matters:
1. Each party's statements and the means of attack or defense he/she uses;
2. Reponses to the opposing party's statements and means of attack or defense;
3. The matters listed in each subparagraph of the first paragraph of the preceding article and the conclusion to formulating the issues.

The provisions of the two preceding articles shall apply mutatis mutandis to cases which are adjudicated by a single judge.

The provisions of Article 44-4, Article 49, the first to the third paragraphs inclusive of Article 68, the first paragraph of Article 75, Article 76, the third paragraph of Article 77-1, the first sentence of the first paragraph of Article 94-1, the first paragraph of Article 120, the first and the second paragraphs of Article 121, Article 132, Articles 198 to Article 200 inclusive, Article 203, Article 207, Article 208, the first and the second paragraphs of Article 211-1, the second paragraph of Article 213, Article 213-1, Article 214, Article 217, the proviso of the first paragraph of Article 249, the proviso of the second paragraph of Article 249, the fourth paragraph of Article 254, Article 268, the third paragraph of Article 268-1, the first paragraph of Article 268-2, the first to the fourth subparagraphs inclusive of Article 269, the first and the second paragraphs of Article 371 and Article 372 with regard to the authorities of the court or the presiding judge, shall apply mutatis mutandis to the commissioned judge in conducting the preparatory proceeding.
The first paragraph of Article 96 and Article 99 with regard to the authorities of the court shall apply mutatis mutandis to cases where the commissioned judge is to conduct the preparatory proceeding and the parties consent to the exercise of such authorities by the commissioned judge.

Where a party does not appear in the preparatory session, the preparatory proceeding nevertheless shall be conducted for the appearing party and the transcript shall be served upon the party who failed to appear.
In the case provided in the preceding paragraph, unless it is necessary to designate another session, the commissioned judge may conclude the preparatory proceeding.

The conclusion of the preparatory proceeding shall be notified to the parties and indicated in the transcript.
The commissioned judge or the court may order the reopening of a preparatory proceeding which has been concluded.

The parties shall state the purport of the preparatory proceeding in the oral-argument sessions following the preparatory proceeding. Notwithstanding, the presiding judge may order the court clerk to read aloud the preparatory proceeding transcript instead.

Except for the following, no matter that has never been alleged in the preparatory proceeding may be alleged in the oral-argument session following the preparatory proceeding:
1. Matters which the court shall investigate on its own initiative;
2. Matters which will not delay the litigation;
3. Matters which could not be alleged in the preparatory proceeding due to reasons not imputable to the parties;
4. Matters which must be alleged or it would be manifestly unfair under the circumstances.
A preliminary showing shall be made as to the reasons provided in the third subparagraph of the preceding paragraph.

A party bears the burden of proof with regard to the facts which he/she alleges in his/her favor, except either where the law provides otherwise or where the circumstances render it manifestly unfair.

A fact need not be proved if it is generally known or known to the court in the course of performing its function.
Any fact provided in the preceding paragraph may be taken into consider-ation by the court even if it is not alleged by either party. Notwithstanding, the parties shall be accorded an opportunity to present their argument regarding such facts before the decision is rendered.

A fact need not be proved if it is alleged by a party and admitted by the opposing party in the preparatory pleadings, in the oral-argument sessions, or before the commissioned judge or the assigned judge.
Where a party makes an addition to or limitation on his/her admission, the court shall, taking all circumstances into consideration, determine whether an admission has been made.
Except as otherwise provided, no admission may be withdrawn unless the party making such admission either proves that such admission is contrary to the truth or the opposing party agrees to such withdrawal.

A fact shall be deemed admitted where a party does not dispute a fact alleged by the opposing party in oral argument, except where a party has already made other statements which may be considered to dispute such fact.
Where a party states that he/she has no knowledge or memory with regard to a fact alleged by the opposing party, the court shall, taking all circumstances into consideration, determine whether such statement constitutes an admission.
The first paragraph shall apply mutatis mutandis to cases where a party who has been timely and legally notified of a fact alleged by the opposing party neither appears in the oral-argument sessions nor submits a preparatory pleading to dispute such fact, except where the party failing to appear is notified by constructive notice.

A fact presumed de jure need not be proved absent proof to the contrary.

The court may presume the truth of a disputed fact by drawing inferences from the facts already established.

Where a party intentionally destroys or hides a piece of evidence, or makes it difficult to use, for the purpose of obstructing the use of such evidence by the opposing party, the court may, in its discretion, take as the truth the opposing party's allegation with regard to such evidence or the disputed fact to be proved by such evidence.
In the case provided in the preceding paragraph, the parties shall be accorded an opportunity to present their arguments.

A party has the burden of proof with regard to customs, local ordinances, and foreign laws which are unknown to the court. Notwithstanding, the court may investigate on its own initiative.

To make a preliminary showing of a factual allegation, all kinds of evidence may be used to establish the truth of such allegation to the belief of the court, except for the kind of evidence which cannot be submitted immediately.

A disputed fact to be proved by evidence shall be specified when such evidence is introduced.
Evidence may also be introduced before the oral-argument sessions.

The court shall accept evidence introduced by the parties, except for evidence which is considered by the court to be unnecessary.

In the case of any obstacle that makes it impossible to designate the time in advance for taking evidence, the court may, on motion, designate a period of time within which the evidence shall be taken. Notwithstanding, the evidence shall still be taken after such period expires insofar as the litigation will not be delayed as a result.

When the court cannot obtain conviction from the evidence introduced by the parties, the court may take evidence on its own initiative if such is necessary for finding the truth.
In taking evidence in accordance with the provision of the preceding paragraph, the parties shall be accorded an opportunity to be heard.

The court may request an agency, a school, a chamber of commerce, an exchange or any other organization to conduct a necessary investigation; the requested organization is under a duty to conduct such investigation.
Where the court considers it appropriate, it may also request a foreign agency or organization to conduct a necessary investigation.

Where the court considers it appropriate, it may request another court to appoint a judge to take evidence.

In requesting the judge of another court to take evidence, the presiding judge shall notify the parties that they may designate a place for service of process at the place where the requested court is located or retain an advocate who domiciles/resides at such place and notify the requested court of such fact.

If the requested court knows that the evidence should be taken by another court, it may request such court to take such evidence on its behalf.
In the case provided in the preceding paragraph, the requested court shall notify such fact to both the court in which the action is pending and the parties.

Either the court in which the action is pending, the commissioned judge, or the assigned judge may, if necessary, take evidence outside the jurisdictional boundaries of the court.

Where the court in which the action is pending takes evidence prior to the oral-argument sessions, or the evidence is taken by the commissioned judge or the assigned judge, the court clerk shall make a transcript of such evidence-taking.
The provisions of Articles 212, 213, 213-1, and Articles 215 to 219 inclusive shall apply mutatis mutandis to the transcript provided in the preceding paragraph.
The transcript of the evidence-taking conducted by the commissioned judge shall be forwarded to the court in which the action is pending.

Where the evidence is to be taken in a foreign country, the evidence-taking shall be entrusted to be conducted by the competent jurisdictional authorities of such country or the relevant R.O.C. ambassador/minister envoy/consul or other institution or organization in that country authorized to do so.
The evidence-taking conducted by a foreign authority shall take effect insofar as it is not contrary to the laws of the R.O.C. irrespective of the contravention, if any, with the laws of the country of such foreign authority.

Evidence may be taken irrespective of the absence of either party or both parties.

The court shall, before taking evidence, clarify to the parties the issues involved in the action.
The court shall examine the witnesses and the parties in person in a consecutive manner.

The parties shall be directed to present argument on the outcome of evidence-taking.
Where the evidence is taken outside the court in which the action is pending, the parties shall state the outcome of such evidence-taking in the oral-argument sessions. Notwithstanding, the presiding judge may order the court clerk to read aloud the evidence-taking transcript or other documents instead.

The identity of a witness and the matters to be examined shall be specified when such witness is introduced.
Where there are two or more witnesses, they shall be introduced jointly.

To summon a witness, the summons shall indicate the following matters:
1.The identity of the witness and the parties;
2.The hour/date when the witness shall appear and the place where he/she shall appear;
3.The sanctions to be imposed on the witness if he/she fails to appear;
4.The rights of the witness to claim daily fees and travel expenses; and
5.The court.
If the presiding judge considers that the witness cannot testify without preparation, the summons shall indicate the gist of the matters to be examined.

Where a solider is summoned as a witness, the presiding judge shall at the same time notify his/her superior officer concerned to order such solider to appear.
Where the solider summoned cannot appear, the superior officer concerned shall notify the court of the reasons.

Where an incarcerated person is summoned as a witness, the presiding judge shall at the same time notify the officer of the prison or place of detention concerned to escort such person or to assign staff to escort such person to appear.
The second paragraph of the preceding article shall apply mutatis mutandis to the case provided in the preceding paragraph.

Except as otherwise provided by the laws, every person is under a general duty to testify in an action between others.

Where a witness who has been legally summoned fails to appear without giving a justifiable reason, the court may by a ruling impose a fine not exceeding NTD 30,000.
Where a witness who has been fined in accordance with the provision of the preceding paragraph, and if summoned again still fails to appear, he/she may be again be fined not exceeding NTD 60,000 and may also be apprehended to appear.
The provisions of the Code of Criminal Procedure pertaining to the apprehension of a defendant shall apply mutatis mutandis to the apprehension of a witness. Where the witness is a solider, the apprehension shall be executed by the superior officer concerned requested to do so by a warrant.
An interlocutory appeal may be taken from a ruling imposing a fine upon a witness; the execution of such ruling shall be stayed pending such appeal.

Where the witness is the President of the country, the examination shall be conducted at the place of his/her location.

Where a witness cannot appear, or there exist other circumstances which make it necessary not to appear, the witness may be examined at the place of his/her location. The court may order both parties to make statements and record such statements in a pleading in conjunction with the witness before a notary where either a witness makes statements by referencing documents or materials, or the court considers it appropriate when taking into consideration the nature of the case and the situation of the witness.
A witness may, by consent of the parties, also make statements by pleadings outside the court.
If a statement is made in accordance with the provisions of the two preceding paragraphs, and if the court considers it necessary for the witness to explain his/her statements in the pleading, or if a party moves for conducting a necessary examination of the witness, the court may still summon the witness to appear to testify in person.
The court may examine a witness directly between the location of a witness and the court by using any available technological audio/visual device if the court considers it appropriate to do so.
When a witness makes statements by a pleading, he/she shall still sign the written oath, annex it to the pleading, have the same notarized by a notary and submit it to the court. Where the witness is examined via a technological device, he/she shall still sign a written oath before or after such examination
A witness may transmit the documents provided in the second paragraph, the third paragraph, and the preceding paragraph to the court via telefax or other technological devices, and documents so transmitted shall operate the same as those submitted in writing.
The Judicial Yuan shall prescribe regulations governing the examination of witnesses provided in the fifth paragraph, the written oath provided in the sixth paragraph, and the transmission of documents provided in the preceding paragraph.

Where a witness is or was a public officer and is to be examined with regard to the matter which he/she is obliged to keep confidential by virtue of his/her duties, he/she shall be examined with the permission of his/her supervising officer.
The permission provided in the preceding paragraph may not be withheld except where a preliminary showing has been made that such examination will encumber national interests.

A witness may refuse to testify in case of any of the following:
1. Where the witness is the spouse, former spouse, or the betrothed, or the witness is or was a relative by blood within the fourth degree or a relative by marriage within the third degree to a party;
2. Where the testimony of the witness will result in a direct property loss to himself/herself or anyone who has such relationship with him/her as provided in the preceding subparagraph;
3. Where the testimony of the witness will sufficiently expose to criminal prosecution or embarrassment such witness or anyone who has such relationship with him/her as provided in the first subparagraph or a person who relates to him/her by guardianship;
4. Where the witness is to be examined with regard to a matter which he/she is obliged to keep confidential in the course of performing his/her official duties or conducting business;
5. Where the witness cannot testify without divulging his/her technical or professional secrets.
Where the witness may be permitted to refuse to testify, the presiding judge shall so inform such witness before the examination or at the time when such case as provided in the preceding paragraph, if any, is known to the presiding judge.

A witness may not refuse to testify on any of the following matters despite the existence of the situation provided in the first or the second subparagraph of the first paragraph of the preceding article:
1. The birth, death, marriage, or other matters relating to the identification of a person who cohabits or used to cohabit with the witness;
2. Property matters arising from a family relationship;
3. The existence and content of a juridical act known to him/her in the capacity of a witness; or
4. An act relating to the legal relation in dispute, which he/she conducted in the capacity of the predecessor in right or as an agent of a party.
Despite the existence of the circumstance provided in the fourth subparagraph of the first paragraph of the preceding article, a witness may not refuse to testify if he/she is relieved from the confidentiality obligation.

Where a witness refuses to testify, he/she shall specify the reason and the facts giving rise to such refusal and make a preliminary showing thereof. Notwithstanding, the court may, in its discretion, order the witness to submit a written oath in lieu of making a preliminary showing.
A witness need not appear in the session if the witness has expressed his/her refusal to testify prior to the session designated for examination.
In the case provided in the preceding paragraph, the court clerk shall notify the parties of the fact of the witness's refusal to testify.

The court in which the action is pending shall, after questioning the party who appears, rule on whether the witness's refusal to testify is justifiable.
An interlocutory appeal may be taken from the ruling provided in the preceding paragraph; the execution of the ruling shall be stayed pending such appeal.

Where a witness refuses to testify without specifying the reason and the facts giving rise to his/her refusal, or continues to refuse to testify after the ruling denying his/her refusal has become final and binding, the court may by a ruling impose upon him/her a fine not exceeding NTD 30,000.
An interlocutory appeal may be taken from the ruling provided in the preceding paragraph; the execution of the ruling shall be stayed pending such appeal.

The presiding judge shall order each witness to sign a written oath prior to examination. Notwithstanding, where it cannot be ascertained in advance that a witness will need to sign a written oath, such proceeding shall be conducted after examination.
Before the witness signs the written oath, the presiding judge shall inform the witness of his/her obligation to sign a written oath and of the penalty of perjury.
The provisions of the two preceding paragraphs do not apply to the case where a witness makes statements by pleadings.

The witness shall indicate in his/her written oath signed before examination that he/she will tell the truth; where the witness signs the written oath after examination, he/she shall indicate that he/she has told the truth; in both of the previous cases, the witness shall indicate in the signed written oath that he/she has not in any way hidden the truth, qualified his/her answer without noting it, added any misleading statement, or diminished the truth, and that he/she is willing to be punished for perjury for any false statement given.
The witness shall read aloud the written oath; if he/she is unable to do so, the court clerk shall read it for him/her and explain the meaning.
The written oath must be signed by the witness; if he/she is unable to do so, the court clerk shall write his/her full name for him/her, make a note of such fact, and have the witness impress his/her seal or fingerprint.

Where a witness makes statements by pleadings, the witness shall indicate in his/her signed written oath that he/she has told the truth and has not in any way hidden the truth, qualified his/her answer without noting it, added any misleading statement, or diminished the truth and that he/she is willing to be punished for perjury for any false statement given.

Where a witness is under the age of sixteen or is mentally disabled to understand the meaning and the effect of a written oath, he/she shall not be ordered to sign a written oath.
The court may exempt a witness from signing a written oath if the witness is one of the following:
1.A person who may refuse to testify in accordance with the provisions of the first to the third subparagraphs inclusive of the first paragraph of Article 307, but does not do so;
2.An employee or cohabitant of a party;
3.A person who has direct interests in the outcome of the action.

The provisions of Article 311 shall apply mutatis mutandis to cases where a witness refuses to sign a written oath.

Witnesses shall be examined separately. Notwithstanding, where the presiding judge considers it necessary, he/she may order a witness to be confronted by another witness or a party.
A witness, without the permission of the presiding judge, may not leave the courthouse or other place of examination before the conclusion of the session.

In examining a witness, the presiding judge shall first question his/her full name, age, occupation and domicile/residence; if necessary, the presiding judge shall also question the relationship between the witness and the parties and other matters with regard to the credibility of the witness.

The presiding judge shall order a witness to state fully and consecutively the matter questioned.
A witness may not read aloud documents or make reference to his/her notes in lieu of making oral statements, except in the case where the presiding judge has permitted him/her to do so.

In order to make a witness state clearly and fully, or to clarify the reasons why a witness learned of the facts, the presiding judge may conduct any necessary examination.
The associate judge, after informing the presiding judge, may examine a witness.

A party may move the presiding judge to conduct a necessary examination of a witness or, after informing the presiding judge, conduct such examination himself/herself.
The examination provided in the preceding paragraph may be directed to matters concerning the witness's credibility.
In the examination provided in the two preceding paragraphs, the presiding judge may, on motion or its own initiative, limit or prohibit questions which are irrelevant to the disputed facts, repetitious, leading, insulting, or involving other inappropriate circumstances.
The court shall rule on an objection raised with regard to the limitation placed on or prohibition of the examination.

The court may order a party to vacate the courtroom during a witness?testimony when it determines that a witness cannot make statements freely in front of a party. Notwithstanding, after the witness finishes his/her statements, the presiding judge shall call back the party and inform him/her of the nature of the statements.
Where the court determines that a witness cannot make statements freely in front of a specific person attending the session, it may order that person to vacate the courtroom when the witness makes statements.

In examining a witness, the commissioned judge or the assigned judge has the same authority as the court and the presiding judge.

A witness may claim the prescribed daily fees and travel expenses, except for those who are apprehended to appear, or refuse to sign a written oath or testify without giving a justifiable reason.
The claim provided in the preceding paragraph shall be made within ten days from the day following the completion of the examination of the witness.
An interlocutory appeal may be taken from a ruling on the claim provided in the first paragraph.
A witness's necessary travel expenses may be paid in advance upon request.

Except as otherwise provided in this Item, the provisions regarding examination of witnesses shall apply mutatis mutandis to expert testimony.

The matter for which expert testimony is sought shall be specified in the motion for taking expert testimony.

An expert witness shall be appointed by the court in which the action is pending and the number of expert witnesses shall also be determined by the court.
Before appointing an expert witness, the court may accord the parties an opportunity to be heard; where the parties have agreed on the designation of an expert witness, the court shall appoint such expert witness as agreed-upon by the parties, except where the court considers that such expert witness is manifestly inappropriate.
The court may replace an appointed expert witness.

The provision of the preceding article shall apply mutatis mutandis to the taking of expert testimony conducted by a commissioned judge or assigned judge who has authority to take evidence, except where the court in which the action is pending has appointed an expert witness.

The person who has special knowledge or experience needed for giving expert testimony or who has been commissioned by a government agency to perform the function of giving expert opinion is under a duty to give expert testimony in an action between others.

No expert witness may be apprehended.

Any person who falls within one of the cases provided in the first to the fifth subparagraphs inclusive of Article 32 cannot act as an expert witness, except where no other appropriate person may be appointed or such person has been designated by the parties by agreement.
Where an expert witness refuses to give expert testimony for whatever reason other than those provided in the first paragraph of Article 307, the court may relieve him/her from the duty to act as an expert witness if the court considers the reason given to be justifiable.

A party may move for the rejection of an expert witness on the same grounds as for moving for the disqualification of a judge; however, the fact that an expert witness has acted as a witness or expert witness in the same action is not an appropriate reason.
Except in the case provided in the first paragraph of the preceding article, no party may move for the rejection of an expert witness after such expert witness has made statements or presented his/her written expert testimony with regard to the matter for which expert testimony is sought, unless the reason for rejection occurs or becomes known thereafter.

A motion to reject an expert witness shall specify the supporting reasons to the court or the judge who appoints such expert witness.
A preliminary showing shall be made with regard to the reasons provided in the preceding paragraph and the facts provided in the proviso of the second paragraph of the preceding article.

An interlocutory appeal may be taken from a ruling denying the motion for rejection of an expert witness; a ruling granting such motion is not reviewable.

Before giving expert testimony, an expert witness shall sign a written oath indicating that he/she will give just and truthful expert testimony and is willing to be punished for perjury if he/she gives any false statement.

The court in which the action is pending, the commissioned judge, or the assigned judge may order an expert witness to state his/her opinion by presenting written expert testimony.
In the case provided in the preceding paragraph, the written oath signed in accordance with the provision of the preceding article may be submitted along with the written expert testimony.
Where the written expert testimony needs to be explained, the expert witness may be ordered to appear to provide an explanation.

Where there are multiple expert witnesses, they may be ordered to state their opinions jointly or separately.

Where the material needed for giving expert testimony is held by the court, the expert witness shall be informed that he/she may use such material. If necessary, the court may, on motion or its own initiative, order a witness or a party to provide material needed by the expert witness for preparing expert testimony.
For the purpose of giving expert testimony, an expert witness may move to subpoena tangible evidence or to examine a witness or a party and may, with the court's permission, examine a witness or a party himself/herself; a party may also be heard on such matters.

An expert witness may claim reasonable compensation in addition to the prescribed daily fees and travel expenses.
Upon the request of the expert witness, the expenses needed for giving expert testimony may be paid in advance.

The provisions regarding the examination of witnesses shall apply to the examination of persons who have past factual knowledge by reason of special knowledge.

Where the court considers it necessary, the court may request any agency, organization, or a foreign agency or organization to give expert testimony or to review the expert testimony given. Where an explanation is needed, such explanation shall be provided by the person appointed by such agency or organization.
Except for Articles 334 and 339, the provisions of this Item regarding expert witness testimony shall apply mutatis mutandis to the situations provided in the preceding paragraph.

A document must be produced when it is identified to be introduced as documentary evidence.

Where the document identified to be introduced as documentary evidence is in the opposing party's possession, a party shall move the court to order the opposing party to produce such document.
The motion provided in the preceding paragraph shall specify the following matters:
1. The identification of document requested to be produced;
2. The disputed fact to be proved by such document;
3. The content of such document;
4. The fact that such document is in the opposing party's possession; and
5. The reason why the opposing party has a duty to produce such document.
Where there exists manifest difficulty in specifying the matters provided in the first and the third subparagraphs of the preceding paragraph, the court may order the opposing party to provide necessary assistance.

Where the court considers that the disputed fact is material and that the motion is just, it shall order the opposing party to produce the document by a ruling.

A party has the duty to produce the following documents:
1. Documents to which such party has made reference in the course of the litigation proceeding;
2. Documents which the opposing party may require the delivery or an inspection thereof pursuant to the applicable laws;
3. Documents which are created in the interests of the opposing party;
4. Commercial accounting books;
5. Documents which are created regarding matters relating to the action.
Where the content of a document provided in the fifth subparagraph of the preceding paragraph involves the privacy or business secret of a party or a third person and the resulting disclosure may result in material harm to such party or third person, the party may refuse to produce such document. Notwithstanding, in order to determine whether the party has a justifiable reason to refuse the production of the document, the court, if necessary, may order the party to produce the document and examine it in private.

Where a party disobeys an order to produce documents without giving a justifiable reason, the court may, in its discretion, take as the truth the opposing party's allegation with regard to such document or the fact to be proved by such document.
In the case provided in the preceding paragraph, the parties shall be accorded an opportunity to present their arguments.

Where a document identified to be introduced as documentary evidence is in a third person's possession, a party may move the court either to order such third person to produce such document or to designate a period of time within which the party who intends to introduce it as evidence shall produce such document.
The provisions of the second paragraph and the third paragraph of Article 342 shall apply mutatis mutandis to the motion provided in the preceding paragraph.
A preliminary showing shall be made with regard to the fact that the document is in a third person's possession and the reason why the third person has the duty to produce such document.

Where the court considers that the disputed fact is material and that the motion is just, it may order, by a ruling, the third person to produce the document or to designate a period of time within which the party who intends to introduce it as evidence shall produce such document.
Before making the ruling provided in the preceding paragraph, the court shall accord the third person an opportunity to be heard.

With regard to a third person's duty to produce documents, the provisions of Articles 306 to 310 inclusive, the second to the fifth subparagraphs inclusive of the first paragraph and the second paragraph of Article 344 shall apply mutatis mutandis.

Where a third person disobeys an order to produce documents without giving a justifiable reason, the court may by a ruling impose a fine not exceeding NTD 30,000; where necessary, the court may also by a ruling order compulsory measures to be taken.
The provisions of the Code of Compulsory Execution relating to the execution of a claim for the surrender of objects shall apply mutatis mutandis to the execution of the compulsory measures provided in the preceding paragraph.
An interlocutory appeal may be taken from the ruling provided in the first paragraph; the execution of the ruling imposing a fine shall be stayed pending such appeal.

The court may subpoena a document which is in a government agency's custody or in a public officer's possession irrespective of whether such government agency or public officer has the duty to produce such document.
The provision of Article 306 shall apply mutatis mutandis to the case provided in the preceding paragraph. Notwithstanding, in order to determine whether the agency or officer has a justifiable reason to refuse the production, the court, if necessary, may order such agency or official to produce the document and examine it in private.

A third person may claim its expenses for producing documents, except in the case provided in the first paragraph of Article 349.
The provisions of the second paragraph to the fourth paragraph inclusive of Article 323 shall apply mutatis mutandis to the case provided in the preceding paragraph.

A public document shall be produced in its original copy or in a notarized written copy or photocopy form.
A private document shall be produced in its original copy. Notwithstanding, where only the effect or explanation of such document is disputed, it may be produced in a written copy or photocopy form.
Where the court considers it necessary to serve the document provided in the two preceding paragraphs, it may order the party to provide written copies or photocopies of the document.

The court may order the production of the original copy of a document.
Where the order for production of the original copy is disobeyed or the original copy cannot be produced, the court may determine the evidentiary weight of the written copy or photocopy of the document as produced by free evaluation.

Where the court in which the case is pending makes the commissioned judge or the assigned judge take documentary evidence, it may specify the matters to be indicated in the transcript and the documents to be annexed.

A document, which by formality and tenor may be considered a public document, is presumed to be authentic.
Where there is doubt with regard to the authenticity of a public document, the court may request the government agency or public officer in whose name such document is issued to make a statement.

The court, in its discretion, can determine the authenticity of a foreign public document. Notwithstanding, where the document has been certified by the R.O.C. ambassador/minister envoy/consul or other authorized institution in that country, it shall be presumed to be authentic.

Except in the case where the opposing party does not dispute the authenticity of the document, the party who introduces a private document shall prove its authenticity.

Where a party or his/her agent in bad faith disputes the authenticity of an authentic document, the court may impose a fine not exceeding NTD 30,000 by a ruling.
An interlocutory appeal may be taken from the ruling provided in the preceding paragraph; the execution of such ruling shall be stayed pending such appeal.
If the party or agent provided in the first paragraph admits to the authenticity of the document before the oral argument in the second instance is concluded, the court in which the case is pending may revoke the original ruling in its discretion.

A private document is presumed to be authentic if it is signed by the person in whose name the document is issued or by his/her agent; or is imprinted with the seal or fingerprint of such person or agent; or bears the notarization by the court or a notary.
Where a party states that he/she has no knowledge or memory with regard to whether he/she signed or impressed his/her seal or fingerprint in the document, the court may in its discretion, determine whether such document should be presumed to be authentic.

The authenticity of a document may be proved by comparing the handwriting or the impression of seals.
The court may order the parties or a third person to produce documents which may be used for making the comparison.
The provisions regarding inspection shall apply to any comparison of handwriting or seal impressions.

Where there is no suitable handwriting available for comparison, the court may order the person in whose name the document is issued to write the words designated by the court for purposes of comparison.
Where the person in whose name a document is issued disobeys the order provided in the preceding paragraph without giving a justifiable reason, the provisions of Article 345 or Article 349 shall apply mutatis mutandis.
The words written for purposes of comparison shall be annexed to the transcript; the same applies to other documents which are produced for purposes of comparison and need not be returned.

Where the original copy of a document produced must be returned, a written copy, photocopy, or excerpt copy thereof shall be included in the dossier.
Where the original copy of a document as produced is suspected to be forged or altered, it shall be kept by the court before the conclusion of the action, except where it shall be handed over to other government agencies.

(Repealed.)

The provisions of this Item shall apply mutatis mutandis to non-documentary objects which operate as documents.
Where the content of a document or an object provided in the preceding paragraph is accessible only through technological devices or it is practically difficult to produce its original version, a writing representing its content along with a proof of the content represented as being true to the original will be acceptable.
The court may, if necessary, order an explanation of the document, object, or writing representing the content thereof provided in the two preceding paragraphs.

The object to be inspected and the matter for which the inspection is sought shall be specified in a motion for inspection.

The court in which the action is pending, the commissioned judge, or the assigned judge may order an expert witness to participate in the inspection.

Where necessary, the inspection shall be represented in drawings or pictures which shall be annexed to the transcript; tapes, videotapes, or other relevant objects in connection with the inspection may be annexed to the dossier.

The provisions of Article 341, the first paragraph of Article 342, Articles 343 to 345 inclusive, the first paragraph of Article 346, Articles 347 to 351 inclusive and Article 354 shall apply mutatis mutandis to inspection.

The court may examine the parties on its own initiative when it considers it necessary.
In the case provided in the preceding paragraph, the presiding judge may, either before or after the examination, order the examined party to sign a written oath, and in such case the provisions of the second paragraph of Article 312, Article 313, and the first paragraph of Article 314 shall apply mutatis mutandis.
Where a party refuses to state or sign a written oath without giving a justifiable reason, the court may take such refusal into consideration in finding the truth of the disputed fact.
Where a party has been ordered by the court to appear in person and he/she fails to appear without giving a justifiable reason, he/she shall be deemed to have refused to testify, except in cases where the summons is served by deposit or constructive notice.
The summons ordering a party to appear in person shall indicate the consequences of a failure to appear as provided in the preceding paragraph and a refusal to state or sign a written oath as provided in the third paragraph.
The provisions of the five preceding paragraphs shall apply mutatis mutandis to the statutory agents of the parties.

Where a party, after signing a written oath in accordance with the provision of the preceding article, intentionally makes false statements which will affect the outcome of decision, the court by a ruling may impose a fine not exceeding NTD 30,000.
An interlocutory appeal may be taken from the ruling provided in the preceding paragraph; the execution of such ruling shall be stayed pending such appeal.
Where the party or statutory agent provided in the first paragraph confesses that his/her statements are false before the conclusion of the oral argument in the second instance, the court in which the action is pending may, in its discretion, revoke the original ruling.

The provisions of Article 300, Article 301, Article 304, the first paragraph and the fifth paragraph of Article 305, Article 306, the third to the fifth subparagraphs inclusive of the first paragraph and the second paragraph of Article 307, the second paragraph of Article 308, Article 309, Article 310, the first paragraph of Article 316 and Articles 318 to 322 inclusive shall apply mutatis mutandis to the examination of parties or their statutory agents.

Where it is likely that evidence may be destroyed or its use in court may be difficult, or with the consent of the opposing party, the party may move the court for perpetuation of such evidence; where necessary, the party who has legal interests in ascertaining the status quo of a matter or object may move for expert testimony, inspection or perpetuation of documentary evidence.
The perpetuation of evidence provided in the preceding paragraph shall be governed by the provisions of this Section relating to evidence-taking.

Where the action has been initiated, the motion for perpetuation of evidence shall be made in the court in which the case is pending; where the action has not been initiated, such motion shall be made in the district court at the place either where the person to be examined domiciles/resides or where the tangible evidence is located.
In urgent cases, a motion for perpetuation of evidence may be made, even if the action has been initiated, in the district court provided in the preceding paragraph.

A motion for perpetuation of evidence shall specify the following matters:
1.The identity of the opposing party or the reason if the opposing party cannot be identified;
2.The evidence to be perpetuated;
3.The disputed fact to be proved by such evidence; and
4.The reason why the evidence must be perpetuated.
A preliminary showing shall be made with regard to the reasons provided in the first to the fourth subparagraphs inclusive of the preceding paragraph.

The court where the motion for perpetuation of evidence was filed shall rule on the motion.
A ruling granting the perpetuation of evidence shall specify the evidence and any disputed fact to be proved by such evidence.
An appeal may be taken from a ruling denying the motion for the perpetuation of evidence; a ruling granting the perpetuation of evidence is not reviewable.

Where the court considers it necessary, the court may, on its own initiative, render a ruling to perpetuate evidence pending an action.

The date designated for taking evidence shall be notified to the movant; except in cases of urgency or the existence of circumstances which will obstruct the perpetuation of evidence, the opposing party shall also be notified by being served with the motion pleading or transcript and the ruling prior to the designated date.
Parties who appear on the date provided in the preceding paragraph may be ordered to state their opinions.

Where the opposing party either is unknown or cannot be notified prior to the date designated for taking evidence, the court may appoint a special representative for such party for purposes of protecting his/her rights with regard to the evidence-taking.
The provisions of the third paragraph to the fifth paragraph inclusive of Article 51 shall apply mutatis mutandis to the special representative provided in the preceding paragraph.

The evidence-taking transcript shall be kept by the court which orders the perpetuation of evidence. Notwithstanding, where the action has been initiated in another court, the transcript should be forwarded to such court.

Where a party, in the oral-argument sessions, moves for the reexamination of a witness who has been examined in the perpetuation of evidence proceeding, the court shall examine such witness, except where the court considers it unnecessary.

Except as otherwise provided, the expenses for preserving evidence shall be included in the litigation expenses, and the responsibility for those expenses shall be decided accordingly.

Before an action is initiated, when both parties appear on the date designated for the perpetuation of evidence and reach an agreement with regard to the claim, the facts, the evidence or other matters, then the court shall make a note of such agreement in the transcript.
Where the agreement provided in the preceding paragraph is reached with regard to the claim, the court shall also make a note in the transcript of the agreed legal responsibility and the circumstances under which the dispute arose. Where a party shall tender a specific performance according to the agreement, the transcript may serve as a writ of execution.
Where an agreement has been reached, the authenticated copy of the transcript shall be served upon parties within ten days.
The provisions of Articles 212 to 219 inclusive shall apply mutatis mutandis to the transcript provided in the preceding paragraph.

Where the action is not initiated after a thirty-day period has lapsed from the day following the conclusion of the perpetuation of evidence proceeding, the court may, on motion by an interested person, release the document or object retained for purposes of its perpetuation or take other appropriate measures.
Where the action is not initiated within the period provided in the preceding paragraph, the court may, on motion by an interested person, order the movant to bear the expenses for the proceeding.
An appeal may be taken from the ruling provided in the two preceding paragraphs.

The court may seek settlement at any time irrespective of the phase of the proceeding reached. A commissioned judge or an assigned judge is also authorized to do so.
A third person may, with the court's permission, participate in a settlement. Where the court considers it necessary, the court may also instruct a third person to participate in the settlement.

Where both parties are close to agreeing on a settlement, they may move the court, the commissioned judge or the assigned judge for a settlement proposal within the scope specified by the parties.
In making the motion provided in the preceding paragraph, the parties shall submit pleadings to the court specifying the scope within which the settlement proposal may be designed and a statement to the effect that they are willing to adhere to the settlement proposed.
The court, the commissioned judge, or the assigned judge shall take all circumstances into consideration and follow the principle of equity when designing a settlement proposal in accordance with the provision of the first paragraph; and it shall notify the parties of the settlement proposal at the relevant court session and make a note of such proposal in the transcript or have the settlement proposal served upon the parties.
A party who has been notified or served in accordance with the provision of the preceding paragraph cannot withdraw the motion provided in the first paragraph.
Settlement shall be deemed reached upon the notification or service upon all parties effected in accordance with the provision of the third paragraph.
A third person who participates in settlement in accordance with the provision of the second paragraph of the preceding article may join the parties to make the motion provided in the first paragraph, and in such case the provisions of the four preceding paragraphs shall apply.

Where there is a prospect for the parties to reach settlement, but a party has difficulty to appear in person, the court, the commissioned judge, or the assigned judge may, on motion or on its own initiative, make a settlement proposal.
For purposes of the motion provided in the preceding paragraph, it is advisable to specify the scope within which the court may make the settlement proposal.
The settlement proposal provided in accordance with the provision of the first paragraph shall be served upon all parties and the parties shall be ordered to express within a designated period of time whether such proposal is accepted; if both parties express acceptance within the designated period, settlement is deemed reached according to the settlement proposal.
The expression of acceptance provided in the preceding paragraph may not be withdrawn.

For purposes of seeking settlement or designing a settlement proposal, the parties or their statutory agents may be ordered to appear in person.

Where settlement is reached, a settlement transcript shall be made.
The provisions of Articles 212 to 219 inclusive shall apply mutatis mutandis to the transcript provided in the preceding paragraph.
Within ten days from the day when settlement is reached, an authenticated copy of the settlement transcript shall be served upon the parties and any third party who participates in the settlement.
Where settlement is deemed to be reached in accordance with the provisions of Article 377-1 or Article 377-2, the parties and any third party who participates in settlement shall be notified in writing of the terms of the settlement and the date when the settlement was reached. Such written notice shall be deemed to be the settlement transcript.

A final settlement shall have the same effect as a final judgment with binding effect.
Where grounds exist for nullifying or revoking the settlement, a party may move for continuing the proceeding of the action.
If a party requests a continuance of the proceedings, the party shall pay the court fees that were returned to him/her in accordance with the provisions of the second paragraph of Article 84.
The provisions prescribed in Articles 500 to 502 and Article 506 shall apply mutatis mutandis to the events as described in the second paragraph.
The provisions as prescribed in Part V-1 Third-Party Opposition Proceeding shall apply mutatis mutandis to the events as described in the first paragraph.

With regard to a claim not raised by the parties in the action or with a third person's participation, where settlement is reached such settlement may by served as a writ of execution.

Where an action is mature for decision, the court shall enter a final judgment.
Where one of several actions ordered to be argued jointly is mature for decision, a final judgment shall be entered with regard to such action first, except in cases to which the provision of the third paragraph of Article 205 shall apply.

Where part of a claim or one of several claims raised in the action is mature for decision, the court may enter a partial final judgment. The same applies to cases where either the plaintiff's claim or defendant's counterclaim is mature for decision.

Where one of the grounds of attack or defense presented separately is mature for decision, the court may enter an interlocutory judgment. The same applies to cases where the ground and amount of a claim are both disputed and the court finds the ground just.
Where an interlocutory issue relating to the litigation proceedings is mature for a decision, the court may first enter a ruling on such issue.

Where a party has either abandoned or admitted the claim during oral argument, the court shall, based on such abandonment or admission, enter a judgment against such party.

The gist of the facts and the reasons for an interlocutory judgment and those of a judgment entered based on a party's abandonment or admission of the claim may be indicated jointly.
Without producing a separate written judgment, the court, upon announcing a judgment, may order that the oral-argument transcript indicate the matter decided and the gist of the reasons for the judgment entered based on a party's abandonment or admission of the claim. The service of an authenticated or extracted copy of such transcript will have the same effect as the service of an authenticated copy of the written judgment.
The provision of Article 230 shall apply mutatis mutandis to the transcript provided in the preceding paragraph.

Where one of the parties fails to appear at the oral-argument session, the court may, on the appearing party's motion, enter a default judgment based on the appearing party's arguments; where the party who fails to appear is summoned and fails to appear again, the court may also on its own initiative enter a default judgment based on the appearing party's arguments.
The provision of the preceding paragraph shall also apply to cases where the claims must be adjudicated jointly with regard to all co-parties and one of the co-parties appears in the oral-argument session.
In entering a judgment provided in the preceding paragraph, the court shall take into consideration any argument made, evidence-taking conducted, or the preparatory pleading submitted by the party who fails to appear; if necessary, the evidence stated by the party who fails to appear shall also be taken.

In case of any of the following, the court shall deny the motion provided in the preceding article by a ruling and postpone the oral-argument session:
1. Where the party who fails to appear has not been legally summoned within a reasonable period of time;
2. Where there is reason to believe that the failure of a party to appear is due to force majeure or other justifiable reasons;
3. Where the appearing party cannot provide necessary proof for the matters which the court shall investigate on its own initiative;
4. Where the statements, facts or evidence presented by the appearing party have not been notified to the opposing party within a reasonable period of time.

Where a party refuses to present any argument in the oral-argument session, such refusal shall be deemed a failure to appear.

Except as otherwise provided, the court may not enter any judgment on claims which are not raised by parties.

The court shall on its own initiative declare a provisional execution to the following judgments:
1. A judgment which is entered based on the defendant's admission of the claim;
2. (Repealed.)
3. A judgment against the defendant on an action entered under summary proceeding in accordance with the provisions of the first to the fourth paragraphs inclusive of Article 427;
4. (Repealed.)
5. A judgment which orders a performance, the price or value of which is not more than NT$ 500,000.
The provisions with regard to the accounting of the claim's value shall apply mutatis mutandis to the accounting of the value provided in the fifth subparagraph of the preceding paragraph.
The provision of the seventh paragraph of Article 427 shall apply mutatis mutandis to the price or value provided in the fifth subparagraph of the first paragraph.

In an action concerning proprietary rights, where the plaintiff makes a preliminary showing that he/she will suffer damage which is difficult to compensate for or calculate without execution of the final judgment before it becomes final with binding effects, the court shall on the plaintiff's motion declare provisional execution.
Where the plaintiff makes a motion for provisional execution by stating that he/she is willing to provide security before the execution is performed, the court shall, despite the absence of the preliminary showing provided in the preceding paragraph, designate a reasonable amount of security and then declare the judgment to be provisionally executed upon provision of such security.

Where the defendant makes a preliminary showing that he/she will suffer irreparable harm from the provisional execution, the court shall, in the case provided in the Article 389, on the defendant's motion declare that no provisional execution shall be granted and, in the case provided in the preceding article, declare that the plaintiff's motion for provisional execution is denied.

The court may declare that the judgment may not be provisionally executed unless the plaintiff provides security in advance.
The court may, on motion or on its own initiative, declare that the defendant may be exempted from the provisional execution if he/she provides security in advance or lodge the object claimed.
The security or the object lodged for purposes of being exempted from provisional execution in accordance with the provision of the preceding paragraph shall be provided before the object of execution is auctioned, sold, or surrendered.

Any motion with regard to provisional execution shall be made before the oral argument is concluded.
The decision with regard to provisional execution shall be indicated in the main text of the decision.

The provision of Article 233 shall apply mutatis mutandis to cases where the court fails to declare provisional execution which it shall declare on its own initiative or disregards a motion for provisional execution or exemption of provisional execution.

Where a judgment is entered to reverse or to amend the judgment on the merits to which provisional execution is declared, or the declaration of provisional execution itself, such declaration of provisional execution shall be inoperative to the extent of such reversal or amendment upon the announcement of such judgment.
Where the court reverses or amends the judgment on the merits to which provisional execution is declared, it shall, pursuant to the defendant's claim, order the plaintiff to return the performance effected by the defendant and compensate for the damage that resulted from the provisional execution or exemption of the provisional execution by the judgment entered; where the defendant does not make such claim, the court shall inform him/her that he/she may do so.
Where only the declaration of provisional execution is reversed or amended, the provision of the preceding paragraph shall apply to the subsequent judgment which reverses or amends the judgment on the merits.

Where the performance ordered by a judgment is of the nature that it cannot be effectuated within a short period of time, or after taking into consideration the defendant's condition and the plaintiff's interest, the court may reasonably extend the time period within which such performance shall be effectuated or permit performance by installment of the judgment entered. The same shall apply to the case where the plaintiff has given his/her consent.
Where the court permits performance by installment in accordance with the provision of the preceding paragraph, all subsequent installments of performance shall become due upon defendant's default of performance of an installment.
The time within which performance shall be effectuated starts to run from the time when the final judgment becomes binding or the final judgment to which provisional execution is declared is served upon the defendant.
Where the court extends the time period of performance or permits performance by installment, the parties shall be accorded an opportunity to present their arguments before the decision is rendered.

Where the performance ordered by a final and binding judgment has not been effectuated, and a change of circumstance after the conclusion of the oral argument renders such performance manifestly unfair, one of the parties may reinitiate an action to claim that the performance or other effects ordered by the original judgment shall be amended insofar as no remedy provided by other legal proceedings is available.
The provision of the preceding paragraph shall apply mutatis mutandis to settlement, mediation, or anything with the same effect as a final and binding judgment.

A final judgment becomes binding upon the expiration of the period of time for taking an appeal from a judgment. Notwithstanding, a timely appeal taken from a final judgment in conformity with the law shall prevent that judgment from becoming binding.
A final judgment from which no appeal may be taken becomes binding upon its announcement, or, if it is not announced, upon its publication.

A party may move to the court for issuing a certificate to the effect that the judgment has become final and binding.
The certificate to the effect that the judgment has become final and binding shall be issued by the court of the first instance. Notwithstanding, where the dossier is possessed by a superior court, such superior court shall issue the certificate.
The certificate to the effect that the judgment has become final and binding shall be issued within seven days after the motion is made.
The provisions of the three preceding paragraphs shall apply mutatis mutandis to the certificate to the effect that the ruling has become final and binding.

Except as otherwise provided, res judicata exists as to a claim adjudicated in a final judgment with binding effect.
Where a demand of offset has been adjudicated, res judicata exists as to the offset amount to be applied for offset as demanded.

In addition to all parties, a final and binding judgment is binding on a person who becomes a party's successor after the initiation of the action and on a person who possesses the claimed object for the parties or their successors.
A final and binding judgment to which a party has acted as the plaintiff or the defendant for another person is also binding on such other person.
The provisions of the two preceding paragraphs shall apply mutatis mutandis to the declaration of provisional execution.

A final and binding judgment rendered by a foreign court shall be recognized, except in case of any of the following circumstances:
1. Where the foreign court lacks jurisdiction pursuant to the R.O.C. laws;
2. Where a default judgment is rendered against the losing defendant, except in the case where the notice or summons of the initiation of action had been legally served in a reasonable time in the foreign country or had been served through judicial assistance provided under the R.O.C. laws;
3. Where the performance ordered by such judgment or its litigation procedure is contrary to R.O.C. public policy or morals;
4. Where there exists no mutual recognition between the foreign country and the R.O.C.
The provision of the preceding paragraph shall apply mutatis mutandis to a final and binding ruling rendered by a foreign court.

Except in cases provided in the subparagraphs of the first paragraph of Article 406, the following matters shall be subject to mediation by the court before an action is initiated:
1. Disputes arising from a relationship of adjacency between real property owners or superficiaries, or other persons using the real property;
2. Disputes arising from the determination of boundaries or demarcation of real property;
3. Disputes among co-owners of real property arising from the management, disposition, or partition of a real property held in undivided condition;
4. Disputes arising from the management of a building or of a common part thereof among the owners of the dividedly-shared title or persons using the building;
5. Disputes arising from an increment or reduction/exemption of the rental of real property;
6. Disputes arising from the determination of the term, scope and rental of a superficies;
7. Disputes arising from a traffic accident or medical treatment;
8. Disputes arising from an employment contract between an employer and an employee;
9. Disputes arising from a partnership between the partners, or between the undisclosed partners and the nominal business operator;
10. Disputes arising from proprietary rights amongspouses, lineal relatives by blood, collateral relatives by blood within the fourth degree of relationship, collateral relatives by marriage within the third degree of relationship, or head of the house or members of the house;
11. Other disputes arising from proprietary rights where the price or value of the object in dispute is less than NT$ 500,000.
The Judicial Yuan may, where necessary, order the amount provided in the eleventh subparagraph of the preceding paragraph to be reduced to NT$ 250,000 or increased to NT$ 750,000.

In matters not provided in the preceding paragraph, a party may apply for mediation before initiating the relevant action.
In cases where the parties have agreed to refer their dispute to court mediation before initiating the relevant action, an action initiated by one party shall be deemed an application for mediation by that party upon the objection of the opposing party. Notwithstanding, where the parties have proceeded orally on the merits, no such objection may be raised.

The mediation shall be initiated on a party's application.
The application provided in the preceding paragraph shall specify the legal relation in dispute with a description of the dispute. The original copy or a photocopy of the documentary evidence, if any, shall be produced.
The court having jurisdiction over an application for mediation shall be determined in accordance with the provisions of Section 1, Chapter I of Part I which shall apply mutatis mutandis.

In case of any of the following, a court may by a ruling immediately dismiss the application for mediation:
1. Where, according to the nature of the legal relation, the status of the parties, or other circumstances, the mediation is considered infeasible or plainly and manifestly unnecessary, or there is clearly no prospect of a successful mediation;
2. Where mediation by another legally authorized mediatory agency has been sought with no successful result;
3. Where the dispute arises from negotiable instruments;
4. Where the dispute is raised by a counterclaim;
5. Where the notification to be served upon the opposing party should be effectuated either by constructive notice or in a foreign country; or
6. Where the dispute arises from a claim by a financial institution based upon a loan contract or credit card contract.
The ruling provided in the preceding paragraph is not reviewable.

A summary proceeding court judge shall conduct the mediation proceeding. However, cases that were transferred in accordance with the provisions of the first paragraph of Article 420-1 may be presided over by the original court judge, commissioned judge, or assigned judge.
The mediation shall be initiated in advance by one to three mediators appointed by the judge.The judge will appear in such mediation session when the mediation has reached a stage with prospect shown for a successful mediation or the circumstances require the judge's presence.Notwithstanding, mediation may be conducted immediately by the judge upon the parties agreement or where the judge considers appropriate.
In cases where a party has objected to any of the appointed mediators provided in the preceding paragraph, or where the parties have agreed to appoint other appropriate persons, the judge may re-appoint or appoint such persons as agreed-upon by the parties.

The district court shall prepare a list of candidates within its jurisdictional boundaries who are suitable to be appointed and act as mediators. The Judicial Yuan shall prescribe the number, qualification, term of office, and the appointment or dismissal of such candidates and other relevant matters.
A judge may, where he/she considers it necessary to do so, appoint persons to act as mediators irrespective of the list provided in the preceding paragraph.

The judge shall designate the mediation session on his/her own initiative. The subsequent mediation session may be designated by the chief mediator or, absent a chief mediator, by the authorized mediator.
The provisions of Article 156 and Article 159 shall apply mutatis mutandis to a judge's designation of a mediation session.
The pleading for the mediation application or the court record of an oral application shall be served upon the opposing party along with the notice of a mediation session.
The notice provided in the preceding paragraph shall bear a note on the legal effect of a failure to appear.

Where the mediation is conducted by a mediator, its proceeding shall be directed by such mediator. Where there are two or more mediators, the judge shall appoint one as the chief mediator to direct the proceeding.

The judge may, where necessary, order the parties or their statutory agents to appear in person at the mediation session. Where necessary, the mediators may request the judge to issue such an order.

In cases where a party has failed to appear at the mediation session without just cause, the court may by a ruling impose a fine not exceeding NTD 30,000 on such party. The same principle shall apply even if the agent of a party has appeared but the party disobeys the order provided in the preceding article without giving a justifiable reason.
An appeal may be taken from the ruling provided in the preceding paragraph; the execution of the ruling shall be stayed pending such appeal.

For the purpose of the mediation, the court may, on a party's motion, prohibit the opposing party from altering the status quo or disposing of the object in dispute, or order such party to perform or refrain from performing specific acts. Where necessary, the court may order the movant to provide a security.
No appeal may be taken from the ruling on the motion provided in the preceding paragraph.
The court shall, before taking the measures provided in the first paragraph, accord the parties an opportunity to be heard, except in cases where the court considers it inappropriate to do so or the party has failed to present any statement after being so notified. The measures provided in the first paragraph cannot be used as a writ of execution and shall be inoperative upon conclusion of the mediation proceeding.
In cases where a party has disobeyed the order for the measures provided in the first paragraph without giving a justifiable reason, the court may by a ruling impose on such party a fine not to exceed NTD 30,000.
An appeal may be taken from the ruling provided in the preceding paragraph; the execution of the ruling shall be stayed pending such appeal.

The mediation proceeding shall be conducted in a courtroom or, where necessary, at another appropriate place. The mediators shall obtain the judge's permission in order to conduct the mediation proceeding at another appropriate place.
The mediation provided in the preceding paragraph may be conducted without being open to the public.

In cases where the mediators find the existence of one of the circumstances provided in the subparagraphs of the first paragraph of Article 406, they shall report such fact to the judge for disposition.

The mediators may receive daily fees, travel expenses, and appropriate compensation for conducting the mediation. The Judicial Yuan shall prescribe the accounting and the rates of such expenses and compensation.
The daily fees, travel expenses, and compensation provided in the preceding paragraph shall be borne by the national treasury.

A third person having an interest in the subject matter of the mediation may, with the permission of the judge, intervene in the mediation proceeding. The judge may notify the third party of the mediation proceeding and order him/her to intervene.

For purposes of clarifying the relationships and the issues in dispute, the parties or persons who have the relevant special knowledge/experience or who know the whole story about the subject matter, or other interested persons may be heard, and an on-site inspection or inspection of the object of mediation may be conducted during the mediation process. The judge may take evidence where necessary.

The mediation shall be conducted peacefully and sincerely. Appropriate mediation/guidance shall be provided to the parties. An appropriate proposal should be recommended with a view to a fair and amicable resolution acceptable to the parties.

(Repealed.)

In the mediation of disputes over proprietary rights, with the consent of both parties, the mediators may, in their discretion, propose the terms of mediation.
Except as otherwise agreed-upon by the parties, the terms of a mediation provided in the preceding paragraph shall be determined by the majority of the mediators.
Where the mediators are unable to determine the proposed terms of the mediation in accordance with the preceding paragraph, the judge may, with the consent of both parties, determine the proposed terms or designate another mediation session or deem the mediation unsuccessful.
The terms of the mediation proposed by the mediators shall be made either in a writing bearing the date, or shall be indicated in the mediation proceeding transcript by the court clerk, signed by the mediators, and forwarded to the judge for review and approval. After the judge approves the proposed terms, the mediation shall be deemed successful.
The writing of the approved proposed terms of the mediation provided in the preceding paragraph shall serve as the mediation proceeding transcript.
Where the judge proposes the mediation terms, the mediation shall be deemed successful upon entry of such terms in the mediation proceeding transcript by the court clerk.

A successful mediation is reached upon the agreement of the parties.A successful mediation shall take the same effect as a settlement in litigation.
Where grounds exist for nullifying or revoking the mediation, the party may initiate an action for a nullification declaration or for revoking the mediation in the original court.
In the case provided in the preceding paragraph, the mediation applicant may consolidate his/her claim arising from the subject matter of the mediation or interpose a counterclaim and request the court to adjudicate such claim jointly upon entering a decision declaring the nullification of or revoking the mediation.In such cases, the action shall be deemed to have been initiated upon the filing of the application for mediation.
The provisions of Article 500 to Article 502 inclusive and Article 506 shall apply mutatis mutandis to the cases provided in the second paragraph.
In case of an unsuccessful mediation, the court shall issue a certificate thereof to the parties.
The provisions as prescribed in Part V-1 Third-Party Opposition Proceeding shall apply mutatis mutandis to the events as described in Paragraph 1.

In cases of a mediation of disputes over proprietary rights, where the parties are unable but are close to reach an agreement, the judge shall take all circumstances into consideration, consult with the mediators, balance the interests of the parties, and thereafter, subject to the main intent expressed by the parties, propose a resolution on its own initiative.
The proposed resolution provided in the preceding paragraph shall be served upon the parties and the interested persons who have intervened.

A party to the mediation or an interested person who has intervened may object to the proposed resolution provided in the preceding article within a ten-day peremptory period following the service thereof.
The mediation shall be deemed unsuccessful upon an objection raised to it within the period provided in the preceding paragraph. In cases where no objection is raised within the period provided in the preceding paragraph, the mediation shall be deemed successful in accordance with that proposed resolution.
The court shall notify the parties and the interested persons who have intervened of the objection raised in accordance with the provision of the first paragraph of this article.

In cases of an unsuccessful mediation after both parties have appeared at the mediation session, the court may, on motion by one party, order an immediate oral argument in accordance with the litigation proceeding applicable to the subject matter. Notwithstanding, where the opposing party has moved for a continuance, the court shall so grant the motion.
In the case provided in the preceding paragraph, the action shall be deemed to have been initiated upon the filing of the application for mediation.
In cases of an unsuccessful mediation, where the applicant for mediation initiates the action within the ten-day peremptory period following service of the certificate of unsuccessful mediation, such action shall be deemed to have been initiated upon the filing of the application for mediation. The same shall apply where such action has been initiated before the certificate is served.
In cases where the mediation is deemed applied for by initiating the action or by the debtor's objection to a payment order and if the mediation is unsuccessful, the court shall order immediate oral argument in accordance with the litigation proceeding applicable to the subject matter, except where the party has moved for continuance. In such case, all effects resulting from the original initiation of action or the application for issuance of a payment order shall remain operative.

In cases where one or both parties have failed to appear at the session, the judge may, in his/her discretion, deem the mediation as unsuccessful or designate another mediation session.

An action pending in the court of first instance may, with the consent of both parties, be referred to mediation.
In the case provided in the preceding paragraph, the litigation proceeding shall be stayed.Where a successful mediation is reached, the action is concluded accordingly.Where the mediation fails, the litigation proceeding shall resume accordingly.
In cases of a successful mediation after the action was referred to mediation in accordance with the provision of the first paragraph, the plaintiff may move for the return of two-thirds of the court costs paid within three months from the day of the successful mediation.
The provisions of the second paragraph of Article 382 shall apply mutatis mutandis to the mediation as described in the second paragraph, if grounds for voidance or revocation are found. The applicant shall also pay the returned court fees as described in the preceding paragraph.

The court clerk shall maintain the mediation proceeding transcript, make a note of a successful or unsuccessful mediation, and of a continuance or of the oral argument. Notwithstanding, where the mediation is conducted by mediators, such mediators themselves may take note of an unsuccessful mediation or a continuance.
Where the proposed resolution provided in Article 417 is announced by the judge at the mediation session, such fact shall be indicated in the transcript.
Within ten days of a successful mediation, an authenticated copy of the transcript shall be served upon the parties and the interested persons who have intervened.
The provisions of Article 212 to Article 219 inclusive shall apply mutatis mutandis to the transcript provided in the first and the second paragraphs.

No mediation/guidance provided by the mediators or the judge, and no representations or concessions made by the parties during the mediation proceeding may be admitted as the basis for making decisions in an action initiated as a result of an unsuccessful mediation.

In cases where an action is initiated as a result of an unsuccessful mediation, the expenses for the mediation proceeding shall be included as a part of the litigation expenses. Where no such action is initiated, the applicant shall bear the expenses.
The provision of Article 84 shall apply mutatis mutandis to a successful mediation.

In cases where the action is initiated promptly for any of the disputes provided in the first paragraph of Article 403, it is advisable that the complaint specify the existence of one of the grounds provided in the first paragraph of Article 406 and annex such evidence as a preliminary showing thereof. Absent existence of such a ground, the action will be deemed an application for mediation.
Where multiple claims have been raised in the action, and part of such claims did not arise from the disputes provided in the first paragraph of Article 403, the provision of the preceding paragraph with regard to an action being deemed an application for mediation shall not apply.

In cases where the application for mediation is voluntarily withdrawn, such application shall be deemed not to have been filed.
The provisions of the first paragraph of Article 83 shall apply mutatis mutandis to the events described in the preceding paragraph.

The judge, the court clerk, and the mediators shall keep in confidence all information with regard to another person's professional or business secrets or other matters involving another person's privacy learned by them in the course of handling mediation cases.

A summary proceeding as provided in this Chapter shall apply to actions with regard to proprietary rights where the price or claim's value is not more than NTD 500,000.
A summary proceeding shall apply to the following actions irrespective of the price or value of the claim:
(1) Actions arising from disputes over a fixed-term lease of a building or other object of work, or from a fixed-term lender-borrower relationship;
(2) Actions between employers and employees arising from employment contracts with terms of less than one year;
(3) Actions between guests and hotel owners, food and beverage store owners, or carriers arising from food, accommodation, freight costs, or deposit of baggage or property;
(4) Actions arising from the protection of possessions;
(5) Actions arising from the fixing of the boundaries or the demarcation of a real property;
(6) Actions arising from claims in negotiable instruments;
(7) Actions arising from claims in bid societies;
(8) Actions arising from claims in interest, bonus, rent, retirement/severance payment, or other periodical payments;
(9) Actions arising from the lease of personal property or a lender-borrower relationship with respect to the use of personal property;
(10) Actions arising from the guarantee for the claims provided in the first to the third subparagraphs inclusive and the sixth to the ninth subparagraphs inclusive;
(11) Actions arising from claims with respect to road traffic accidents; or
(12) Supplement civil actions of which the criminal summary proceeding is applicable, if the civil action has been transferred to civil courts by a ruling.
In actions not provided in the two preceding paragraphs, the parties may agree to apply a summary proceeding and such agreement must be evidenced in writing.
In cases where the court has adopted a summary proceeding to an action which is not provided in the first and the second paragraphs and the parties to such action have proceeded orally on the merits without raising objections, the parties shall be deemed to have reached the agreement provided in the preceding paragraph.
In the action provided in the second paragraph, where the dispute is complicated or where the price or the claim value exceeds the amount provided in the first paragraph by ten times or more, the court may, on motion, switch to the ordinary proceeding by a ruling and the same judge shall continue adjudicating the case.
The ruling provided in the preceding paragraph is not reviewable.
Where necessary, the Judicial Yuan may order a reduction in the amount provided in the first paragraph to NTD 250,000 or increase it to NTD 750,000.

The Judicial Yuan shall prescribe rules governing the assignment of cases which shall be adjudicated by summary proceeding in the same district court.

In initiating an action, the plaintiff may indicate only the transactions or occurrences giving rise to the claim with regard to the matter provided in the second subparagraph of the first paragraph of Article 244.
Initiation of the action and other statements or representations not presented at court sessions may be made orally.

Where the action is initiated orally, the transcript together with the summons for the oral-argument session shall be served upon the defendant.
The preparation period for the first oral argument session shall be at least five days, except in urgent cases.

The summons for the oral-argument session shall indicate that the summary proceeding shall apply to the action and that the parties must appear at the session with the tangible evidence to be introduced and the witnesses to be examined.

The party shall submitpreparatory pleadings or answers prior to the session, with respect to such statements or alleged facts or evidence to which the opposing party cannot respond without preparation, and shalldirectly sendoriginal copies or photocopies of such pleading or answers to the opposing party; where such statement or allegation is made orally, the court clerk shall prepare a transcript to be served upon the opposing party.

The parties may, without waiting for a summons and on their own initiative, appear before the court together during the ordinary court day to present their oral arguments.
In the case provided in the preceding paragraph, the initiation of the action shall be indicated in the oral-argument transcript and the parties shall be deemed to have agreed to apply for a summary proceeding as provided in the third paragraph of Article 427.

The court may, in a way which it considers convenient and appropriate, notify the witness or expert witness without serving them with a summons except in cases where such witness or expert witness has failed to appear at the session.

In actions to which a summary proceeding applies, the court shall in general conclude the oral argument within one single session.

With the permission of the court, the oral-argument transcript may omit some matters which should be indicated in the ordinary proceeding, except where the party has raised an objection to such omission.
The provision of the preceding paragraph does not apply to such matters as: observance of the oral argument procedure; abandonment of claims; admission of claims; voluntary dismissal; settlement; admission of facts; and announcement of decisions.

Where a party fails to appear at the oral-argument session, the court may, on its own initiative, enter a default judgment.

The written judgment may indicate the purport of the facts and reasons and/or quote the pleadings presented by the parties, the transcript or other documents, which, where necessary, may be annexed thereto as appendices.
The court may, upon announcing the judgment, order the main text of the judgment and the purport of the facts and reasons to be indicated in the oral-argument transcript instead of issuing a written judgment. In such cases, service of an authenticated copy or extract copy of the transcript shall have the same effect as the service of an authenticated copy of a written judgment.
The provision of Article 230 shall apply mutatis mutandis to the transcript provided in the preceding paragraph.

In case of any of the following, the written judgment may only indicate the main text:
1.Where the party has abandoned or admitted the claim;
2.Where the party against whom the judgment is entered expresses his/her waiver of the right to appeal upon the announcement of the judgment;
3.Where the party against whom the judgment is entered performs upon the announcement of the judgment the prestation ordered by the judgment.

Where an action, in whole or in part, does not fall within the scope provided in the first and the second paragraphs of Article 427 as a result of an amendment, addition of claims or a counterclaim, and except in cases where the parties have agreed to continued application of the summary proceeding, the court shall switch to an ordinary proceeding by a ruling and the same judge shall continue adjudicating the case.
In the case provided in the preceding paragraph, if the defendant has proceeded orally on the merits without raising an objection, the parties shall be deemed to have reached an agreement on continued application of the summary proceeding.

A single judge shall conduct a summary proceeding. Except as otherwise provided by this Chapter, the provisions of Chapter I on an ordinary proceeding shall apply to a summary proceeding.

An appeal from a judgment or an appeal from a ruling may be taken from the decision made in the first instance under summary proceeding to the district court having jurisdiction and such appeal shall be adjudicated by the judges sitting in council.
No claim may be amended or added, and no counterclaim may be raised, in the course of the appeal provided in the preceding paragraph if such amendment, addition of claims, or counterclaim will render it necessary to switch to the ordinary proceeding.
The provisions of the first paragraph of Article 434, Article 434-1, Chapter I of Part III, and Part IV shall apply mutatis mutandis to the proceedings of an appeal from a judgment and an appeal from a ruling provided in the first paragraph.
An appeal may be taken to the high court having jurisdiction from decisions made under an ordinary proceeding applied by a switch in accordance with the provision of the fifth paragraph of Article 427.

Where the value of the interests in an appeal from the decision made in the second instance under summary proceeding exceeds the amount provided in Article 466, the party may appeal forthwith to the Supreme Court but only on the ground that there is a manifest error in the application of law in the appealed decision.
Except as otherwise provided, the provisions of Chapter II of Part III on Procedure in The Third Instance and Part IV on Appeals from Rulings shall still apply to the appeal from a judgment and the appeal from a ruling provided in the preceding paragraph.

An appeal from a judgment or an appeal from a ruling taken to the third instance from decisions made in the second instance under summary proceeding must be permitted by the original court which entered such decision.
The permission provided in the preceding paragraph shall be granted only when the legal opinion involved in the case is significant in principle.
Where the original court which entered such decision considers that the appeal from a judgment or the appeal from a ruling provided in the first paragraph should be permitted, it shall annex a memorandum of opinion stating the reason for granting such permission in accordance with the provision of the preceding paragraph and immediately forward the dossier to the Supreme Court; where it considers that permission shall not be granted, it shall deny such appeal by a ruling.
An appeal may be taken forthwith to the Supreme Court from the ruling provided in the preceding paragraph.

The reason for either an appeal from a judgment or an appeal from a ruling taken in accordance with the provision of the first paragraph of Article 436-2 must be stated upon filing such appeal; where such appeal is filed after the appealed decision is announced and before such decision is served, the reason must be supplemented within ten days following the service of the decision.
Where the appellant has failed to state the reasons in accordance with the provision of the preceding paragraph, the original court shall dismiss such appeal by a ruling without providing the appellant with an opportunity to rectify.

The Supreme Court by a ruling shall deny the appeal from a judgment or an appeal from a ruling if it considers such appeal should not be permitted by reason that such appeal does not conform with the provisions of the first paragraph of Article 436-2 and the second paragraph of Article 436-3.
No motion for rehearing may be made with respect to the ruling provided in the preceding paragraph.

In cases where an appeal from a judgment or an appeal from a ruling taken forthwith to the Supreme Court from a decision made under summary proceeding is denied on the merits, the appellant may not initiate a rehearing action or move for rehearing on the same ground.

Where material tangible evidence which may affect the decision has been omitted from consideration, a rehearing action may be initiated or a motion for rehearing may be filed with respect to the final and binding decision made in the second instance under summary proceeding.

Where the action is for the payment of money, other replaceable objects or securities and the price or claim value is not more than NTD 100,000, then the provisions of this Chapter on Small-Claim Proceedings shall apply.
Where the court considers it inappropriate for a Small-Claim Proceeding to apply, it may, on its own initiative, switch to a summary proceeding by a ruling, and the original judge shall continue adjudicating the case.
The ruling provided in the preceding paragraph is not reviewable.
In an action provided in the first paragraph, where the price or claim value is not more than NTD 500,000, the parties may agree to apply a Small-Claim Proceeding and such agreement shall be evidenced in writing.

In cases where a party to a Small-Claim Proceeding is a juridical person or a merchant and it has, by the standard contract that it uses, designated either the place of performance of obligations or a court of the first instance to exercise jurisdiction, the provisions of Article 12 or Article 24 shall not apply, except when both parties to such action are juridical persons or merchants.

The plaintiff of an action initiated under a Small-Claim Proceeding may use the standard complaint form prescribed by the Judicial Yuan.

A Small-Claim Proceeding may be conducted in the evening hours, on Sundays, or other days off, except as may be objected to by a party.
The Judicial Yuan shall prescribe the rules governing the court sessions held in evening hours, on Sundays or other days off provided in the preceding paragraph.

In matters provided in Article 436-8, where a mediation proceeding is required by the operation of law, and a party, without giving a justifiable reason, failed to appear at the mediation session after being duly notified to do so five days prior to the session, the court may, on a motion by the party appearing, order oral argument to be conducted immediately and may, on its own initiative, enter a default judgment.
The summons for a mediation session shall indicate the legal consequence of a failure to appear provided in the preceding paragraph.

(Repealed.)

In the case of any of the following, the court may, taking all circumstances into consideration and without taking evidence, find the facts and enter an equitable decision:
1.Where both parties agree;
2.Where the time and cost for taking evidence is manifestly disproportional to the claim demanded.

The parties may amend the claim, raise an additional claim or a counterclaim only to the extent permitted by the first paragraph of Article 436-8, except where the parties have agreed on a continued application of a Small-Claim Proceeding and the court also considers it appropriate to do so.

A claim may not be divided for the purpose of applying a Small-Claim Proceeding except where the claimant party has represented to the court that he/she will not initiate another action with regard to the remainder of such claim.

(Repealed.)

A written judgment may only indicate the main text and, where necessary, note the purport of the reason with regard to the issues disputed by the parties.
The judgment provided in the preceding paragraph may be written in the complaint or the transcript where the initiation of an action is made orally.
The judgment provided in the two preceding paragraphs may be indicated in a standard form. The Judicial Yuan shall prescribe the standard form and the production of an authenticated copy thereof.

The court shall, in deciding the responsibility for court costs, fix the amount thereof.
For purposes provided in the preceding paragraph, the court may order the parties to present the calculation of expenses in writing along with documents sufficient to make a preliminary showing of the amount of such expenses.

The court shall, on its own initiative, upon entering a judgment against the defendant, declare a provisional execution.

In ordering a defendant to perform the prestation claimed, the court, with the plaintiff's consent, may relieve the defendant from part of the prestation in the judgment on the condition that the defendant voluntarily performs the prestation within a designated period.

In cases where the court enters a judgment allowing either the performance of prestation by installments or a grace period according to the defendant's request, the court may designate the additional amount that the defendant shall pay to plaintiff in case the defendant defaults in its performance. Notwithstanding, such additional amount shall not exceed one third of the amount awarded by the judgment.

The provisions of Article 428 to Article 431 inclusive, the first paragraph of Article 432, Article 433 to Article 434-1 inclusive and Article 436 shall apply mutatis mutandis to Small-Claim Proceedings.

An appeal from a judgment or an appeal from a ruling may be taken from the decision made in the first instance under a Small-Claim Proceeding to the district court having jurisdiction, and such appeal shall be adjudicated by judges sitting in council.
No appeal may be taken from the decision made in the first instance as provided in the preceding paragraph except on the grounds that such decision is in contravention of the laws and regulations.

The notice of appeal shall indicate the reasons for the appeal and specify the following matters:
1.The laws and regulations which the original judgment contravened and the specific content thereof;
2.Specific facts, as revealed by the litigation materials, which may lead to a finding that the original judgment is in contravention of said laws and regulations.

In cases where an ordinary proceeding or summary proceeding should apply and the court of first instance has erroneously applied a Small-Claim Proceeding, the court of second instance may reverse the original judgment and remand the case to the original court, except in cases provided in the fourth paragraph of Article 436-8 when the party has expressed no objection, or he/she knows or should have known such error but has proceeded orally on the merits without raising any objection.
In the case provided in the preceding paragraph, the parties shall be accorded an opportunity to be heard. Where both parties agree that the court of second instance can continue adjudicating the action under a Small-Claim Proceeding, the court shall decide on the case.
The judgment provided in the first paragraph may be entered without oral argument.

No party may amend the claim, raise an additional claim, or counterclaim in the proceeding in the second instance.

No party may present additional means of attack or defense in the proceeding in the second instance, except in cases where such means of attack or defense were prevented from being presented as a result of the lower court acting in contravention of the laws and regulations.

In case of any of the following, the judgment in the second instance under a Small-Claim Proceeding may be entered without oral argument:
1.Where both parties agree;
2.Where the import of the appeal sufficiently shows that the appeal is meritless.

No appeal from either a judgment or an appeal from a ruling may be taken from the decision made in the second instance under a Small-Claim Proceeding.

Where an appeal from a judgment or an appeal from a ruling taken from a decision made in the first instance under a Small-Claim Proceedings has been denied on the merits, no rehearing action may be initiated and no motion for rehearing may be filed on the same ground.

The provisions of Article 436-14, Article 436-19, Article 436-21 and Article 436-22 shall apply mutatis mutandis to the appellate proceeding of small-claim actions.
The provisions of Article 438 to 445 inclusive, Article 448 to Article 450 inclusive, Article 454, Article 455, Article 459, Article 462, Article 463, Article 468, subparagraphs 1 to 5 inclusive of Article 469, Article 471 to Article 473 inclusive, and the first paragraph of Article 475 shall apply mutatis mutandis to the appellate proceeding of small-claim actions.
The provisions of Part IV shall apply mutatis mutandis to the proceeding of appeals from rulings of small-claim actions.
The provisions of Part V shall apply mutatis mutandis to the rehearing proceeding of small-claim actions.