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Chapter II. General Procedural Provisions
Section 3 Pleadings and Petitions
Article 14
(Contents of Pleadings)
Except otherwise provided in this Act, every pleading filed by a party shall include the particulars below:
(1) the name, the identification document number, and the domicile or the residence of the filing party; in the case that the filing party is a legal person, the name and the address of its office or place of business; in the case that the filing party is an authority or an unincorporated association, its name and location;
(2) the name and the domicile or the residence of the statutory agent, the representative or the administrator, where applicable, and their relationship with the filing party who is a legal person, an authority, or an unincorporated association;
(3) the name, the occupation, and the domicile or the residence of the advocate or the defense counsel, where applicable;
(4) claims;
(5) statements of fact and law;
(6) evidence necessary to prove the fact or to make a substantial preliminary showing;
(7) the titles of the annexes and the number thereof;
(8) the Constitutional Court; and
(9) the date of the pleadings being filed.
Every pleading shall be signed by the filing party, the statutory agent, the representative, and the administrator, or the advocate, where applicable, or be affixed with the seal thereof.
The Judicial Yuan shall make the rules governing the format of pleadings and the particulars therein.
The presiding Justice of the proceedings shall order a pleading not filed in the prescribed form or lacking any required particulars to be rectified within a specified period of time.
A party may file a pleading with the Constitutional Court by electronic means. The Judicial Yuan shall make the rules governing the scope, procedure, and effect of electronic filing and other relevant matters as it sees fit.
In the case that a party files a pleading electronically without compliance with the rules referred to in the preceding Paragraph, the filing is invalid.
Article 15
(Filing and Screening of Petition Briefs)
The petition brief must be filed with the Constitutional Court in writing and include the particulars as required by this Act together with relevant evidence and supporting documents.
Where any of the circumstances below arises, the Chamber may dismiss the petition under the preceding Paragraph by a unanimous order, provided that when the pleading's defect is corrigible, the presiding Justice of the relevant Chamber shall require the petitioner to rectify it within a specified period of time:
(1) the petitioner lacks the capacity to be a party;
(2) the petitioner is not legally represented by her or his statutory agent, representative, or administrator to conduct acts of litigation;
(3) the petition is lodged by an advocate who lacks the authority;
(4) the petition is lodged after the expiry of procedural time limits;
(5) the petition is lodged for matters that are explicitly excluded from petition or re-petition by this Act;
(6) the petition challenges the decisions of the Constitutional Court or the Chambers thereof; or
(7) the petition is not lodged in the prescribed form, or not in conformity with other requirements.
In the case that the petition brief does not state the grounds for adjudication, the Chamber may dismiss the petition by a unanimous order without first requiring it to be rectified.
Article 16
(Travel Time)
If a party resides outside the location of the Constitutional Court, her or his travel time will not count towards the calculation of procedural time limits unless her or his advocate resides in the location of the Constitutional Court and is able to conduct required acts of litigation within the relevant procedural time limits.
The Judicial Yuan shall make rules governing the calculation of travel time under the preceding Paragraph.
Article 17
(Reply Briefs)
Except in the case of dismissing a petition by an order, the Constitutional Court shall serve the petition brief on the respondent and may require her or him to submit a reply brief within a specified period of time.
Article 18
(Publication of Petition Briefs and Reply Briefs)
After the Constitutional Court finds a petition admissible, the petition brief and the reply brief shall be published on the Constitutional Court's website.
The petition brief and the reply brief containing matters that should be kept confidential may be published after required redaction.
The Judicial Yuan shall make the rules governing the methods of publication of the petition brief and the reply brief and the matters that shall be kept confidential.
Article 19
(Summons of Parties, Interested Persons, and Experts)
As is required by the case, the Constitutional Court may, on its own motion or the party's motion, summon the parties and the interested persons to appear in court to give their opinions. The Court may also solicit expert opinion or information on relevant issues from appointed experts, scholars, authorities or associations.
The Constitutional Court shall serve the persons referred to in the preceding Paragraph with the summons and the notice of designation.
The persons or associations other than the parties and interested persons who are solicited to submit expert opinion or information under Paragraph 1 shall reveal the information below:
(1) whether they have collaborated with the parties, interested persons, or their agents on the preparation or submission of the solicited expert opinion or information;
(2) whether they have received remuneration or other forms of financial assistance from the parties, interested persons, or their agents in the preparation or submission of the solicited expert opinion and information; if so, the value or amounts thereof received; and
(3) the personal details of those who have offered them remuneration or other forms of financial support and the value or amounts thereof received.
Article 20
(Amici Curiae)
Any person, authority, or association, other than the parties, who considers herself or himself having an interest in a case pending before the Constitutional Court, may make a motion to the Court, subject to its permission by an order, for the submission of expert opinion or information to be considered within the period of time prescribed by the Constitutional Court.
The motion under the preceding Paragraph must set out the interests concerned in writing.
Paragraph 3 of the preceding Article shall apply mutatis mutandis when a third-party person or association submit expert opinion or information as permitted by a court order.
A third-party person, authority, or association who is permitted by a court order to submit expert opinion or information must appoint an agent. The provisions of Article 8 shall govern the qualifications and number of such agents.
As is required by the case to summon those permitted third-party persons, authorities, or associations to appear in court, the Constitutional Court shall serve them with the summons.
In the case that the expert opinion or information submitted by the person, authority or association under in Paragraph 1 is cited by a party, it shall be regarded as the citing party's own statement.
Article 21
(Time and Conditions for Petition Withdrawal)
A petitioner may, prior to the announcement or publication of the decision, withdraw the petition in whole or in part; provided that such a withdrawal is subject to the permission of the Constitutional Court where the petition concerns principles of constitutional significance.
If the oral argument session has been held in a case where a respondent exists, the withdrawal referred in the preceding Paragraph requires the consent of the respondent.
The withdrawal of a petition must be made in writing. Notwithstanding, it may be made orally at the oral argument session and recorded in the transcript.
In the case that the withdrawal is made orally in accordance with the preceding Paragraph, the transcript shall be served on the respondent if she or he fails to appear at the oral argument session.
The respondent is deemed to have agreed to the withdrawal if she or he does not enter a demurrer within ten days, from the date of the oral argument session where the respondent appeared but failed to express their agreement or disagreement, or, from the date of the service of the transcripts where the respondent fails to appear at the oral argument session, or, from the date of the withdrawal pleadings where the withdrawal is made in writing.
The petitioner may not re-lodge a petition which has been withdrawn.
Article 22
(Fees)
Proceedings before the Constitutional Court are free of charge.
Article 23
(Access to the Court Documents)
Parties, advocates, and defense counsels may apply for reading, transcribing, photocopying, or photographing the documents included in the dossier, or request a duplicate copy thereof with fees paid in advance.
A third party may lodge the application referred to in the preceding Paragraph either with the parties' consent, or by a substantial preliminary showing of her or him being an legal interested person.
The applications set out in the preceding two Paragraphs shall be approved by an order of the respective Chamber.
The Judicial Yuan shall make the rules governing the access to the Court documents and its fee schedule.