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

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Chapter Law Content

PART V REHEARING PROCEEDING
Article 496
Except where the party has filed an appeal to assert the ground for a review or has failed to assert such ground known to him/her, a rehearing action may be initiated to request a review of a final judgment with binding effect in any of the following situations:
1. Where the application of law is manifestly erroneous;
2. Where the reason for the judgment manifestly contradicts the main text;
3. Where the court which entered the judgment is not legally organized;
4. Where a judge who should have disqualified himself/herself from the case by operation of law or by decision has participated in deciding the case;
5. Where the parties are not legally represented in the action;
6. Where a party has misrepresented that he/she did not know the opposing party's domicile/residence when initiating the action, except where such opposing party has ratified the relevant litigation proceeding;
7. Where a judge participating in deciding the case committed a criminal offense or received disciplinary sanction as a result of breaching his/her duties concerning the action which may affect the result of the original judgment;
8. Where a party's agent, or the opposing party, or the opposing party's agent engaged in criminally punishable acts of any kind concerning the case which may affect the result of the original judgment;
9. Where the tangible evidence based on which the judgment was entered was fabricated or altered;
10. Where the witness, expert witness, interpreter, or statutory agent, after signing a written oath, gave false representation with regard to his/her testimony, expert testimony, interpretation, or statement, based on which the judgment was entered;
11. Where the referenced civil, criminal, administrative judgment, or any other decision or administrative disposition, based on which the judgment was entered, was amended by a subsequent final decision or administrative disposition with binding effect;
12. Where a party discovers that the same claim has been disposed of by a prior final and binding judgment or a settlement or mediation, or that the applicability of such judgment or settlement or mediation is available;
13. Where a party discovers tangible evidence which has not been considered or which becomes available, on condition that taking into consideration such tangible evidence will result in a more favorable decision to such party.
A rehearing action may be initiated in the situations provided in the seventh to the tenth subparagraphs inclusive of the preceding paragraph only where a final and binding guilty judgment or a sanction imposing a fine has been entered, or where no such final judgment or sanction can be entered for reasons other than insufficient evidence.
Where the court of second instance has entered a judgment on the merits, no rehearing action may be initiated against the judgment entered by the court of first instance.
Article 497
In cases where no appeal may be taken to the court of third instance in accordance with the provision of Article 466, in addition to the cases provided in the preceding article, a rehearing action may be initiated against the final and binding judgment entered by the court of second instance on the ground that the court has failed to consider important tangible evidence which may affect the judgment, or on the ground that the court entered a default judgment against the party having a good cause shown for not appearing at the court session.
Article 498
Where a judgment was entered based on a decision which falls under the cases provided in the two preceding articles, a rehearing action may be initiated against such judgment.
Article 498-1
Where the rehearing action has been dismissed on the merits, no rehearing action may be initiated on the same ground against either an original final and binding judgment or a final and binding judgment dismissing the original rehearing action.
Article 499
In matters of a rehearing action, the original court has exclusive jurisdiction.
The superior court has exclusive jurisdiction over a rehearing action jointly against the judgments entered on the same matter by courts of different instances. Notwithstanding, in cases where a request for review of the judgment entered by the court of third instance is based on the grounds provided in the provisions of the ninth to the thirteenth subparagraphs inclusive of the first paragraph of Article 496, the original court of second instance has exclusive jurisdiction.
Article 500
A rehearing action 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 binding, or from the service of such judgment where such judgment has become final and binding prior to its service, or from the time when the ground for rehearing became known if such ground occurred or became known at a later date. Notwithstanding, no rehearing action may be initiated after a period of five years has elapsed from the time when the judgment became final and binding.
The proviso of the preceding paragraph does not apply to cases where the rehearing action is initiated on the grounds provided in the fifth, the sixth, or the twelfth subparagraph of the first paragraph of Article 496.
Article 501
A rehearing action shall be initiated by submitting a complaint to the court with jurisdiction specifying the following matters:
1.The parties and the statutory agents;
2.The judgment of which a review is being sought, and a statement that a rehearing action is initiated against such judgment;
3.The demand with regard to the extent to which the judgment should be reversed and what judgment should be entered on the original claim;
4.The ground for rehearing, and the evidence which supports such ground and proves observance of the peremptory period.
It is advisable that the complaint for a rehearing action indicate the matters in preparation of oral argument and annex a written copy or photocopy of the final judgment with binding effect.
Article 502
The court shall by a ruling dismiss a rehearing action which is not initiated in conformity with the law.
A rehearing action which is manifestly groundless may be dismissed on the merits by a judgment without oral argument.
Article 503
Oral argument and decisions of the rehearing action shall be made with regard to and only to the portion for which a review is being sought.
Article 504
Where the original judgment is considered just, the court shall dismiss the rehearing action irrespective of the existence of the grounds therefore by entering a judgment to such effect.
Article 505
Except as 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 505-1
The provision of the second paragraph of Article 395 shall apply mutatis mutandis to a rehearing action.
Article 506
The judgment entered at the conclusion of a rehearing proceeding does not affect a third person's rights obtained in good faith.
Article 507
In cases provided in the first paragraph of Article 496 or Article 497, a motion for rehearing may be made against a final and binding ruling in accordance with the provisions of this Part which shall apply mutatis mutandis.
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