PART II PROCEDURE IN THE FIRST INSTANCE
CHAPTER I ORDINARY PROCEEDING
Section 3 Evidence
Item 5-1 Examination of Parties
Article 367-1
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.
Article 367-2
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.
Article 367-3
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.