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

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Chapter Law Content

PART II PROCEDURE IN THE FIRST INSTANCE
CHAPTER III SUMMARY PROCEEDING
Article 427
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.
Article 427-1
The Judicial Yuan shall prescribe rules governing the assignment of cases which shall be adjudicated by summary proceeding in the same district court.
Article 428
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.
Article 429
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.
Article 430
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.
Article 431
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.
Article 432
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.
Article 433
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.
Article 433-1
In actions to which a summary proceeding applies, the court shall in general conclude the oral argument within one single session.
Article 433-2
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.
Article 433-3
Where a party fails to appear at the oral-argument session, the court may, on its own initiative, enter a default judgment.
Article 434
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.
Article 434-1
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.
Article 435
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.
Article 436
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.
Article 436-1
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.
Article 436-2
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.
Article 436-3
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.
Article 436-4
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.
Article 436-5
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.
Article 436-6
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.
Article 436-7
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.
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