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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/24 00:26
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Chapter Law Content

PART V REHEARING PROCEEDING
Article 273
Litigation for a rehearing may be initiated to challenge a final judgment in any of the following situations, except where the party's challenge has been asserted and dismissed in an appeal or the party has known the grounds for a challenge but decides not to assert it in an appeal:
1. Where the application of law is manifestly erroneous;
2. Where the reason for the judgment manifestly contradicts its holding;
3. Where the court which rendered the judgment is not legally organized;
4. Where a judge who should have recused himself or herself from the case, whether under law or in accordance with a judgment or ruling, has participated in adjudication;
5. Where no agent or a representative legally represents a party to the litigation. However, if the party knows the defect regarding legal representation but decides not to raise this issue by the end of the oral argument, this subparagraph shall not apply.
6. Where a party has misrepresented that he or she did not know where the opposing party shall be served with notice of the litigation when initiating the litigation. However, if the opposing party agrees to the legitimacy of the litigation procedure, this subparagraph shall not apply.
7. Where a judge participating in deciding the case committed a criminal offense as a result of breaching his or her duties, the criminal offense was proven, or the judge was disciplined for the breach of his or her duties, and such breach of his or her duties was so serious as to affect the original judgment.
8. Where a party's agent, representative, or administrator, or the opposing party, or the opposing party's agent, representative, or administrator engages in a criminally punishable act of any kind which affects the result of the original judgment;
9. Where the evidence based on which the judgment was rendered was fabricated or altered;
10. Where the witness, expert witness, interpreter, gave false statements in his or her testimony, expert testimony, or translation, based on which the judgment was rendered;
11. Where the referenced civil or criminal judgment or ruling, or any other decision or administrative act, based on which the judgment was rendered, was amended or changed by a subsequent final decision or administrative act;
12. Where a party discovers that the same claim has been disposed of by a prior final judgment, settlement, or mediation or that such judgment, settlement, or mediation may be available.
13. Where a party discovers a piece of evidence which has not been considered, or which becomes available, on condition that taking into consideration such piece of evidence will result in a decision more favorable to such party; or
14. Where the original judgement failed to take into consideration important evidence which will affect the judgment.
Where the laws or regulations applied in a final judgment have been declared unconstitutional by the judgments rendered by the Constitutional Court, or where the opinions expressed when applying the law or regulations are inconsistent with the judgments or rulings rendered by the Constitutional Court that unify legal opinions, the applicant may initiate litigation for a rehearing.
Litigation for a rehearing may be initiated in the circumstances provided for in Subparagraphs 7 to 10 of the preceding Paragraph only where the circumstance is proven by a final judgment or where the criminal or disciplinary proceedings cannot be initiated or continued due to reasons other than insufficient evidence.
In the circumstance referred to in Subparagraph 13 of Paragraph 1, only when the fact that the party to the litigation cannot introduce tangible evidence is not caused intentionally or negligently by the party to the litigation may the party initiate the litigation for rehearing.
Article 274
Where a judgment was entered based on a decision which falls under the circumstances provided in the preceding Article, a motion for rehearing may be initiated against such judgment.
Article 274-1
Where the motion for rehearing has been dismissed on the merits by the administrative court, no motion for rehearing may be initiated on the same ground against either an original judgment with binding effect, or a judgment with binding effect dismissing the original motion for rehearing.
Article 275
The litigation for rehearing shall be adjudicated only by the original administrative court that rendered the judgment.
If the litigation for rehearing is initiated against the judgments rendered by administrative courts of different levels regarding the same case, the litigation shall be adjudicated only by the administrative court at the higher level.
If the litigation for rehearing is initiated against an administrative court at the appellate level per Subparagraphs 9 to 14 of Paragraph 1 of Article 273, the litigation shall be adjudicated only by the original first-instance administrative court, despite the preceding two paragraphs.
Article 276
A motion for rehearing must be initiated within a peremptory period of thirty days.
The period provided in the preceding Paragraph starts to run from the time when the judgment becomes final, and, if such judgment has become final prior to its service, starts to run from the time when such judgment is served. The period provided in the preceding Paragraph starts to run from the time when the ground for rehearing became known, if such ground occurred or became known on a later date.
Where litigation for a rehearing is initiated pursuant to Paragraph 2 of Article 273, the period of time as provided for in Paragraph 1 starts to run from the day after the judgment is served.
No motion for rehearing may be initiated after a period of five years has elapsed from the time when the judgment became final. However, motions for rehearing may still be initiated, if they are made on the grounds provided for in Subparagraphs 5, 6 or 12 of Paragraph 1 of Article 273.
Where a motion for rehearing is initiated to request a review of a final rehearing judgment, the period of time provided for in the preceding Paragraph starts to run from the date the original judgment becomes final. However, if the motion for rehearing is found to be with merit, the period of time starts to run from the date when the rehearing judgement becomes final.
Where litigation for rehearing is initiated pursuant to Paragraph 2 of Article 273, the period of time as provided in Paragraph 4 shall not include the period between the day the application becomes pending and the day on which the judgment is served on the applicant.
Article 277
A motion for rehearing shall be initiated by submitting a complaint specifying the following matters:
1.The parties;
2. The judgment of which a review is being sought, and a statement that a motion for rehearing is initiated against such judgment;
3. A statement of the extent to which the judgment should be rescinded and what judgment should be rendered on the case;
4. The ground for rehearing, the evidence which proves such ground, and the evidence proving that the motion was filed within the peremptory period.
It is advisable that the complainant who initiates litigation for a rehearing set out in the complaint the information for oral argument on substantive issues and include an original copy or photocopy of the final judgment.
Article 278
The administrative court shall by a ruling dismiss a motion for rehearing which is not initiated in conformity with the law.
A motion for rehearing which is manifestly groundless may be dismissed on the merits by a judgment without oral argument.
Article 279
Oral argument and decisions of the principal case shall be made with regard to and only to the portion for which a review is being sought.
Article 280
Where the original judgment is considered just, the administrative court shall dismiss the motion for rehearing irrespective of the existence of the grounds therefore by entering a judgment to such effect.
Article 281
Unless otherwise provided in this Part, the provisions with regard to the litigation proceedings at the relevant court instances shall apply mutatis mutandis to rehearing proceedings.
Article 282
The judgment entered at the conclusion of a rehearing proceeding does not affect a third party's rights obtained in good faith in reliance upon the final judgment with binding effect, except where the public interest will be materially jeopardized.
Article 283
In cases provided in Article 273, a motion for rehearing may be made against a ruling with binding effect in accordance with the provisions of this Part which shall apply mutatis mutandis.
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