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

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Chapter Law Content

PART I GENERAL PRINCIPLES
CHAPTER I THE COURT
Section 1 Jurisdiction
Article 1
A defendant may be sued in the court for the place of the defendant's domicile or, when that court cannot exercise jurisdiction, in the court for the place of defendant's residence. A defendant may also be sued in the court for the place of defendant's residence for a claim arising from transactions or occurrences taking place within the jurisdiction of that court.
Where a defendant has no place of domicile in the R.O.C., or where the defendant's place of domicile is unknown, then the defendant's place of residence in the R.O.C. shall be deemed to be the defendant's place of domicile. Where the defendant has no place of residence in the R.O.C. and where the defendant's place of residence is unknown, then the defendant's last place of domicile in the R.O.C. shall be deemed to be the defendant's place of domicile.
Where an R.O.C. citizen is located in a foreign nation and enjoys immunity from the jurisdiction of such foreign nation, and when he/she cannot be sued in a court in accordance with the provisions of the two preceding paragraphs, then the place where the central government is located shall be deemed to be the place of domicile of such citizen.
Article 2
A public juridical person may be sued in the court where its principal office is located. A central or local government agency may be sued in the court for the jurisdiction where such office is located.
A private juridical person or unincorporated association that has the capacity to be a party to an action may be sued in the court for the location of its principal office or principal place of business.
A foreign juridical person or unincorporated association may be sued in the court for the location of its principal office or principal place of business in the R.O.C.
Article 3
In matters relating to proprietary rights, an action may be initiated against a defendant who either does not have a place of domicile in the R.O.C. or whose domicile is unknown, in the court for the location of the defendant's attachable property or the subject matter of the claim.
Where the defendant's attachable property or the subject matter of a claim is a creditor's right, either the place of the debtor's domicile or the location of the subject matter of a security shall be deemed to be the location of the defendant's attachable property or the subject matter of the claim.
Article 4
In matters relating to proprietary rights, an action may be initiated against an apprentice, an employee, or any other sojourners in the court for the sojourning place of such person.
Article 5
In matters relating to proprietary rights, an action may be initiated against a soldier or seaman in the court for the location of the principal office or where the warship or ship is registered.
Article 6
In matters relating to the business of a person's office or place of business, an action may be initiated against such person in the court for the location of its office or place of business.
Article 7
In matters relating to a ship or its voyage, an action may be initiated against the owner or user of the ship in the court for the place of registration of the ship.
Article 8
In matters relating to a debt arising from or secured by a ship, an action may be initiated in the court for the location of the ship.
Article 9
In matters relating to claims arising from its membership, an action may be initiated by a corporation or any association, or its creditor or member, against a member in the court for the location of the association's principal office or principal place of business.
The provision of the preceding paragraph shall apply mutatis mutandis to an action initiated by an association or its creditor or member against such association's staff or former member.
Article 10
In matters relating to rights in rem, partition, or demarcation of real property, exclusive jurisdiction resides in court for the place where the real property is located.
In other matters relating to real property, an action may be initiated in the court for the place where the real property is located.
Article 11
In matters relating to debts or rights in rem of any real property provided as a security for such debt, an action may be initiated against the same defendant in the court for the place where the real property is located.
Article 12
In contract matters, an action may be initiated in the court for the place agreed to by the parties as the place of performance of the contract.
Article 13
In matters relating to negotiable instruments, an action may be initiated in the court for the location where the instruments are to be honored.
Article 14
In matters relating to claims arising from the management of property, an action may be initiated in the court for the location where the property is to be managed.
Article 15
In matters relating to torts, an action may be initiated in the court for the location where the tortious act occurred.
In matters relating to claims for damages arising from a collision of ships or other accidents at sea, an action may be initiated in the court for the location where the damaged ship first arrived, or where the ship inflicting damages is seized or registered.
In matters relating to claims for damages arising from the crash of aircraft or other aviation accidents, an action may be initiated in the court for the location where the damaged aircraft first arrived, or where the aircraft inflicting damages is seized.
Article 16
In salvage matters, an action may be initiated in the court for the location where the salvage took place, or where the salvaged ship first arrived.
Article 17
In registration matters, an action may be initiated in the court for the location where the registration is administered.
Article 18
In matters that become effective upon the death of a natural person, an action may be initiated in the court of jurisdiction at the location where the decedent resided at the time of death.
When the court of jurisdiction, as prescribed in the preceding paragraph, cannot exercise its authority or the occurrences giving rise to the lawsuit took place at the natural person's place of residence, or the natural person was an R.O.C. citizen and either did not have a place of domicile in the R.O.C. or the natural person's place of domicile is unknown at the time of death, then the provision of Article 1 shall apply mutatis mutandis in determining the court of jurisdiction.
Article 19
In matters relating to an encumbrance upon an inheritance, an action may be initiated in the court prescribed in the preceding Article, provided that the inheritance is in whole or in part located within the jurisdiction of that court.
Article 20
The court for the location of a codefendant's domicile has jurisdiction over all codefendants, except where a court can obtain jurisdiction over the action in accordance with the provisions of Article 4 through Article 19 inclusive.
Article 21
When the defendant's domicile, or the locus of real property, or the locus of the tort, or any other loci determinative of the court that has jurisdiction crosses or spreads over the jurisdictional boundaries of several courts, any such court may have jurisdiction over the action.
Article 22
When several courts may have jurisdiction over an action, a plaintiff may choose to initiate the action in any one of those courts.
Article 23
The immediate superior court shall, on motion or the request of the court in which the action is pending, designate a court to exercise jurisdiction in case of any of the following:
1.When the court with jurisdiction cannot exercise jurisdiction due to legal or actual impediments, or when special circumstances suggest that by exercising jurisdiction such court may affect the public order or the fairness of the proceeding;
2.When a court with jurisdiction cannot be determined because the jurisdictional boundaries are unascertainable.
When the immediate superior court cannot exercise such authority, the designation provided in the preceding paragraph shall be made by the court superior to the immediate superior court.
The motion provided in the first paragraph may be filed in the court in which the action is pending or in its immediate superior court. The motion provided in the preceding paragraph may be filed in the court in which the action is pending or in the court superior to its immediate superior court.
The ruling designating a court's jurisdiction is not reviewable.
Article 24
Parties may, by agreement, designate a court of first instance to exercise jurisdiction, provided that such agreement relates to a particular legal relation.
The agreement provided in the preceding paragraph shall be evidenced in writing.
Article 25
A court obtains jurisdiction over an action where the defendant proceeds orally on the merits without contesting lack of jurisdiction.
Article 26
The provisions of the two preceding Articles do not apply to an action that is subject to another court's exclusive jurisdiction in accordance with the provisions of this Code.
Article 27
A court's jurisdiction shall be determined according to the standards existing at the time of the initiation of the action.
Article 28
A court, upon determining a lack of jurisdiction over the action in whole or in part, will transfer the action to a court with jurisdiction either by ruling on the plaintiff's motion or on its own initiative.
Before proceeding orally on the merits, a party may move the court to transfer the action to another court with jurisdiction when the court in which the action is pending obtains jurisdiction in accordance with the provision of Article 24 and such agreement is part of a standard contract prepared by the opposing party which is either a juridical person or a merchant, and the contract is manifestly unfair under the circumstances, provided however, that this provision will not apply where both parties are either judicial persons or merchants.
A ruling denying the motion for transfer is not reviewable.
Article 29
When there exist emergent circumstances prior to the transfer of an action, the court shall, either on motion or its own initiative, take necessary measures.
Article 30
The transferee court is bound by the transfer ruling when such ruling becomes final and binding.
The transferee court cannot retransfer the action to another court, except where the action is subject to another court's exclusive jurisdiction.
Article 31
An action is deemed to have been initiated ab initio in the transferee court when the transfer ruling becomes final and binding.
In the case provided in the preceding paragraph, the court clerk shall annex the authenticated copy of the ruling to the dossier and forward it to the transferee court.
Article 31-1
(Repealed.)
Article 31-2
(Repealed.)
Article 31-3
(Repealed.)
Section 2 Disqualification of Officers of the Court
Article 32
Any judge shall voluntarily disqualify himself/herself in the following circumstances:
1.When the judge, or the judge's spouse, former spouse, or fianc嶪 is a party to the proceeding;
2.When the judge is or was either a blood relative within the eighth degree or a relative by marriage within the fifth degree, to a party to the proceeding;
3.When the judge, or the judge's spouse, former spouse, or fianc嶪 is a co-obligee, co-obligor with, or an indemnitor to, a party to the proceeding;
4.When the judge is or was the statutory agent of a party to the proceeding, or the head or member of the party's household;
5.When the judge is acting or did act as the advocate or assistant of a party to the proceeding;
6.When the judge is likely to be a witness or expert witness in the proceeding;
7.When the judge participated in making either the prior court decision or the arbitration award regarding the same dispute in the proceeding.
Article 33
A party may move for the disqualification of a judge in the following circumstances:
1.When the judge does not voluntarily disqualify himself/herself in the circumstances prescribed in the preceding Article;
2.When there exist circumstances other than those prescribed in the preceding Article suggesting that the judge may not perform his/her functions impartially.
A party cannot move for the disqualification of a judge in accordance with the provision of the second subparagraph of this Article after such party has made any motions or statements concerning the action, except where the grounds for disqualification arise or become known thereafter.
Article 34
A motion for the disqualification of a judge shall be filed in the court to which such judge is assigned, stating the specific grounds for the motion.
A preliminary showing of the grounds of the motion and the facts of disqualification provided for in the second paragraph of the preceding Article shall be made within three days of filing the motion.
The judge for whose disqualification is sought may respond to the motion.
Article 35
The ruling on a motion for disqualification shall be made by a panel of judges of the court to which such judge is assigned. When the panel cannot be established due to an insufficient number of qualified judges, the ruling shall be made by the Chief Judge of that court. When the ruling cannot be made by the Chief Judge, it shall then be made by the immediate superior court.
The judge for whom disqualification is sought cannot participate in any decision concerning the ruling prescribed in the preceding paragraph.
The judge for whom disqualification is sought shall disqualify himself/herself without the need of a ruling when he/she considers the motion meritorious.
Article 36
An interlocutory appeal may be taken from a ruling denying the motion for a judge's disqualification. A ruling granting the disqualification motion is not reviewable.
Article 37
The judge shall, upon a motion for disqualification, stay the proceeding prior to a ruling on the motion, except where the motion is filed in violation of either the provisions of the second paragraph of Article 33 or the first or second paragraph of Article 34, or for the manifest purpose of delaying the proceeding.
Despite a stay in accordance with the provision of the preceding paragraph, necessary measures shall still be taken under emergent circumstances.
Article 38
When finding that a judge should have voluntarily disqualified himself/herself, the court or the Chief Judge of the court prescribed in the first paragraph of Article 35 shall make the disqualification ruling on its own initiative.
A judge may, with the consent of the Chief Judge of the court to which the judge is assigned, disqualify himself/herself under the circumstances provided in the second subparagraph of the first paragraph of Article 33.
Article 39
The provisions of this Section shall apply mutatis mutandis to all Judicial Affair Officers, court clerks and interpreters.
CHAPTER II PARTIES
Section 1 Capacity to be Parties and Capacity to Litigate
Article 40
Any person who has legal capacity has the capacity to be a party.
A fetus has the capacity to be a party in an action concerning the entitlement of its interests.
An unincorporated association with a representative or an administrator has the capacity to be a party.
A central or local government agency has the capacity to be a party.
Article 41
Multiple parties, who have common interests and may not qualify to be an unincorporated association provided in the third paragraph of the preceding Article, may appoint one or more persons from themselves to sue or to be sued on behalf of the appointing parties and the appointed parties.
After the appointment has been made in a pending action in accordance with the provision of the preceding paragraph, all parties who are not appointed shall withdraw from the proceeding.
The appointed parties provided in the two preceding paragraphs may be substituted, increased in number, or cancelled. Such substitution, increase in number, or cancellation shall not take effect until after a notice of such action is served upon the opposing party.
Article 42
The appointment of representative parties, and the substitution, increase in number or cancellation thereof in accordance with the provision of the preceding Article, shall be evidenced in writing.
Article 43
When any of the parties who have been appointed in accordance with the provision of Article 41 has lost its capacity to sue due to death or for any other reason, the remaining appointed parties may continue to conduct the litigation for the entire body.
Article 44
The appointed parties may conduct all acts of litigation for the appointing parties, provided however that the appointing parties may restrict the appointed parties?authority to abandon claims, admit claims, voluntarily dismiss the action, or settle the case.
The restriction of authority imposed by one of the appointing parties shall have no effect with regard to the other appointing parties.
Any restrictions provided in the first paragraph shall be evidenced in writing as prescribed in Article 42 or submitted to the court by subsequent pleadings.
Article 44-1
Multiple parties with common interests who are members of the same incorporated charitable association may, to the extent permitted by said association's purpose as prescribed in its bylaws, appoint such association as an appointed party to sue on behalf of them.
Where an incorporated association initiates an action for monetary damages on behalf of its members in accordance with the provision of the preceding paragraph, if the entire body of the appointing parties agrees to allow the court to grant the full amount of a monetary award to them as a whole body and prescribes how such total award shall be distributed, and furthermore, if the entire body has filed a pleading to such effect, then the court may award a total sum of money to the entire body of the appointing parties without specifying the amount that the defendant must pay to each of the appointing parties respectively.
The provisions of Articles 42 and 44 shall apply mutatis mutandis to the circumstance provided in the first paragraph of this article.
Article 44-2
(1) When multiple parties, whose common interests have arisen from the same public nuisance, traffic accident, product defect, or the same transaction or occurrence of any kind, appoint one or more persons from themselves in accordance with the provision of Article 41 to sue for the same category of legal claims, the court may, with the consent of the appointed party, or upon the original appointed party's motion which the court considers appropriate, publish a notice to the effect that other persons with the same common interests may join the action by filing a pleading within a designated period of time specifying: the transaction or occurrence giving rise to such claim; the evidence; and the demand for judgment for the relief sought. Those persons so joining shall be deemed to have made the same appointment in accordance with the provisions of Article 41.
(2) Other persons with the same common interest may also move the court to publish the notice provided in the preceding paragraph.
(3) A written copy or photocopy of the pleading of joinder shall be served upon all parties to the action.
(4) The publication period of the notice provided for in the first paragraph shall be no less than twenty days. The same notice shall be posted on the court's bulletin board and the court's website. Where the court considers it necessary, the notice may be published in official gazettes, newspapers, or other similar means of communication. The expenses for such publication shall be advanced by the national treasury.
(5) When the appointed party provided in the first paragraph does not agree to such joinder, the court may, on its own initiative, publish a notice to inform other persons with the same common interests to initiate actions and then the court will consolidate the actions.
Article 44-3
An incorporated charitable association or a foundation may initiate, with the permission of its competent governmental business authority and to the extent permitted by the purposes as prescribed in its bylaws, an action for injunctive relief prohibiting specific acts of a person who has violated the interests of the majority concerned.
The Judicial Yuan and the Executive Yuan jointly shall prescribe regulations governing the permission provided in the preceding paragraph as well as appropriate supervision.
Article 44-4
In actions initiated in accordance with the provisions of the three preceding Articles, the court may, on motion, appoint an attorney as an advocate for the plaintiff.
The appointment of an attorney in accordance with the provision of the preceding paragraph shall be made only insofar as necessary for asserting or defending rights.
Article 45
Any person who has the capacity to undertake obligations through independent juridical acts has the capacity to litigate.
Article 45-1
If an assistant gives consent to a person, who has been declared requiring assistantship, to participate in a legal action, the consent should be evidenced in writing.
If a person, who has been declared requiring assistantship, participates in a legal action initiated or appealed by other parties, that person does not require his or her assistant's consent.
If a person, who has been declared requiring assistantship, participates in abandoning a claim, admitting a claim, voluntarily dismissing an action, or settling a case, his or her assistant must give special consent in writing.
Article 46
A foreign national who does not have the capacity to litigate under the law of its own country but who has the capacity to litigate under the R.O.C. law will be deemed to have the capacity to litigate.
Article 47
The provisions of the Civil Code and other laws and regulations will govern the authority of a statutory agent of a person without the capacity to litigate and the necessary approval to initiate an action.
Article 48
Any act of litigation conducted by a person who lacks capacity, authority as a statutory agent, or necessary approval to initiate an action, shall take effect retroactively from the occurrence of such action upon its ratification by a person who subsequently obtains the capacity or the authority as a statutory agent or the necessary approval, or by the statutory agent, or by the person who has authority to grant such approval.
Article 49
When there exists a correctable defect in one's capacity, the authority as a statutory agent, or the approval to initiate an action, the presiding judge shall order such defect to be corrected within a designated period of time. In such cases, when there exists a danger that delay will prejudice the party, the presiding judge may permit acts of litigation to be conducted pro tempore.
Article 50
The provisions of the two preceding Articles shall apply mutatis mutandis to a case where a party is appointed in accordance with the provisions of Articles 41, 44-1, and 44-2, and to a case where a person, who has been declared requiring assistantship, participates in a legal action in accordance with the provisions of Article 45-1.
Article 51
Any person who intends to conduct litigation against another person, but who is without the capacity to litigate and who does not have a statutory agent or whose statutory agent cannot exercise authority, may file a motion with the presiding judge to appoint a special representative for him/her when there exists a danger that delay will result in prejudice.
When a person needs to initiate an action but is without the capacity to litigate and does not have a statutory agent, or where the statutory agent cannot exercise authority, the relatives of such person or anyone who has a legal interest in such action may move for the presiding judge to appoint a special representative.
A ruling appointing a special representative shall be served upon the appointed special representative.
Except for such acts of litigation as abandoning a claim, admitting a claim, voluntarily dismissing an action, or settling a case, a special representative is authorized to conduct all acts of litigation for the party represented until the party's statutory agent or the party himself/herself assumes the action.
The expenses necessary for appointing a special representative and for the special representative to conduct acts of litigation may be ordered to be advanced by the movant.
Article 52
The provisions of this Code regarding a statutory agent's authority shall apply mutatis mutandis to the representative of a juridical person, the representative or administrator provided in the third paragraph of Article 40, the representative of a government agency provided in the fourth paragraph of Article 40, and a representative who has the authority to conduct acts of litigation according to the applicable laws and regulations.
Section 2 Joinder of Parties
Article 53
Two or more persons may sue or be sued as co-parties under the following circumstances:
1.When the rights or obligations of the claim are common to them;
2.When the rights or obligations of the claim arise from the same factual and legal grounds;
3.When the rights or obligations of the claim are of the same nature and arise from the same kind of factual and legal grounds, so long as all defendants are domiciled within the jurisdictional boundaries of the same court or a court can be determined in accordance with the provisions of Articles 4 to 19 inclusive to exercise jurisdiction over all of the defendants.
Article 54
A third person may intervene to assert a claim against the parties to an action pending in a court of either the first or second instance under any of the following circumstances:
1.When such third person asserts rights to the whole or a part of any claim of the action;
2.When such third person claims that the outcome of the action will infringe its rights.
The provisions of all subparagraphs of Article 56 shall apply mutatis mutandis to an action initiated in accordance with the provision of the preceding paragraph.
Article 55
Except as otherwise provided, an act conducted by a co-party or by the opposing party against one of the co-parties, and all matters concerning such co-party, will have no effect on the other co-parties.
Article 56
Wherever a claim must be adjudicated jointly with regard to all co-parties, the following subparagraphs shall apply:
1. Any act conducted by one of the co-parties in the interest of all co-parties will be effective with regard to all of them; any act conducted by one of the co-parties against the interests of all co-parties will have no effect with regard to all of them.
2. Any act conducted by the opposing party against one of the co-parties will be effective with regard to all of them;
3. Any reason for a stay of proceeding, either by operation of law or by a court ruling, that arises with regard to one of the co-parties, will take effect with regard to all of them.
When one of the co-parties, as described in the preceding paragraph, petitions for an appeal, and one or more of the other co-parties are persons who have been declared requiring assistantship, the provisions of Article 45-1 Paragraph 2 shall apply mutatis mutandis.
Article 56-1
Wherever a claim must be adjudicated jointly with regard to several persons, and they shall join as indispensable plaintiffs to initiate the action, but if one or some of them refuse to join as co-plaintiffs without giving a justifiable reason, the court may, on plaintiff's motion, order by a ruling such persons to join within a designated period of time. If such persons fail to join, they shall be deemed to have joined as co-plaintiffs.
The court shall afford any persons refusing to join an opportunity to be heard, prior to making its ruling in accordance with the provision of the preceding paragraph.
In accordance with the provision of the first paragraph, wherever the whereabouts of an indispensable person is unknown and that person has not joined in the litigation action, and the plaintiff has moved for joinder of such person, if the court considers such motion just, it may join said person as a co-plaintiff. Notwithstanding, the court may revoke the original ruling where the joined plaintiff submits reasons for refusing to join as a co-plaintiff prior to the first oral-argument session and the court considers such reasons just.
An interlocutory appeal may be taken from the rulings provided in the first and the preceding paragraph.
In cases provided in the first and third paragraphs, if plaintiffs shall bear the litigation expenses, the court may, in its discretion, order only those plaintiffs who initially initiated the action to bear such expenses.
Article 57
Each co-party has the right to continue the action.
Prior to designating a court session, the court shall notify all co-parties to appear.
Section 3 Intervention
Article 58
A third person who is legally interested in an action between two parties may, for the purpose of supporting one of them, intervene in the action while it is pending.
Intervention may occur jointly with appeals from judgments, appeals from rulings, or any other act of litigation.
A third person who is legally interested in a final and binding judgment in an action between two parties and who has intervened in such action, may initiate a rehearing action for the party supported.
Article 59
A motion for intervention shall be filed along with intervention pleadings in the court where the intervened action is pending.
Intervention pleadings shall indicate the following matters:
1.The action intervened and its parties;
2.The legal interests of the intervener in the action to be intervened;
3.The statement of intervention.
The court shall serve the intervention pleadings on all parties.
Article 60
Except where a party had conducted oral argument without objecting to the intervention, any party may move the court to deny a third-party motion for intervention,
An interlocutory appeal may be taken from the ruling on the motion provided in the preceding paragraph.
An intervener may conduct acts of litigation before the ruling denying the motion for intervention becomes final and binding.
Article 61
Except for acts that contradict the acts conducted by a supported party, an intervener may conduct all acts of litigation for the supported party according to the phase of litigation at the time of intervention.
Article 62
Article 56 shall apply mutatis mutandis to all cases where the claims of an action must be adjudicated jointly with regard to the intervener and the party supported.
Article 63
An intervener may not dispute the correctness of the decisions made in the action against the supported party, except where the intervener has been denied a means of attack or defense either due to the phase of the litigation at the time of the intervention or by an act of the party supported, or where the supported party has willfully or through gross negligence failed to employ certain means of attack or defense unknown to the intervener.
The provisions of the preceding paragraph shall apply mutatis mutandis to the case where the supported party asserts the same dispute against the intervener.
Article 64
With the consent of both parties, the intervener may assume the action on behalf of the supported party.
When the intervener assumes the action, the supported party will be deemed to have withdrawn from the action. The judgment of the action will have binding effect upon the withdrawing party.
Article 65
While an action is pending, a party may notify a third party whose legal interests will be adversely affected if such party is defeated.
The notified third person may make further notification to another person.
Article 66
Notification of an action shall be made by a pleading indicating the reason and phase of litigation reached, and shall be submitted to the court to be served by the court upon the third party.
The notification pleading provided in the preceding paragraph shall also be served upon the opposing party.
Article 67
The notified person is deemed to have intervened in the action at the earliest time when intervention is available notwithstanding his/her failure or delay to intervene. The provision of Article 63 shall apply mutatis mutandis.
Article 67-1
The court may, at an appropriate time prior to the conclusion of oral-argument in the first or second instance, serve a written notice of the action and the phase reached to a third party who is legally interested in the outcome of such action.
The third party notified in accordance with the provision of the preceding paragraph may file, within five days of service of the notice, the motion provided in the first paragraph of Article 242.
Wherever the third party notified in accordance with the provision of the first paragraph is qualified to intervene in accordance with the provision of Article 58, the provision of the preceding Article shall apply mutatis mutandis.
Section 4 Advocates and Assistants
Article 68
Only an attorney may act as an advocate, except where the presiding judge permits a person who is not an attorney to act as an advocate.
The presiding judge may by a ruling, at any time revoke the permission provided in the preceding paragraph. The notification of such revocation shall be served upon the principal of the retention.
The Judicial Yuan shall prescribe the regulations governing permission of a person who is not an attorney to act as an advocate.
Article 69
An advocate shall produce a Power of Attorney upon conducting the initial act of litigation, except where the advocate is retained by a party orally and such retention is entered in the court record by the court clerk or where the advocate is appointed by the court or the presiding judge in accordance with the applicable law.
The retention or appointment, in accordance with the provisions of the preceding paragraph, shall be made separately in each court instance, except when the party has indicated in the Power of Attorney that the retention for a specific action takes effect in all of the court instances and that such Power of Attorney has been duly notarized.
Article 70
An advocate has the authority to conduct all acts of litigation with regard to the action for which he/she is retained, except that he/she may not, without special authorization for him/her to do so: (i) abandon the claim; (ii) admit the claim; (iii) voluntarily dismiss the action; (iv) settle the case; (v) initiate counterclaims; (vi) take an appeal; (vii) initiate a rehearing action; or (ix) appoint another advocate..
The provisions of the proviso of the preceding paragraph shall apply mutatis mutandis to acts concerning compulsory execution or collection of a thing in dispute.
Any restriction on the authority provided in the first paragraph shall be specified in the Power of Attorney or court record provided in the preceding Article.
Article 70-1
When the court or the presiding judge appoints an attorney to act as advocate for a party in accordance with the applicable law, such advocate may conduct all acts of litigation for the party, except for the acts of: abandoning the claim; admitting the claim; voluntarily dismissing the action; or settling the case.
When a party retains an advocate or expresses the intention to conduct acts of litigation on his/her own behalf, the advocate's authority provided in the preceding paragraph shall terminate.
In the case provided in the preceding paragraph, a notice shall be served upon the appointed advocate and the opposing party.
Article 71
In cases where there are two or more advocates, each advocate may represent the party independently.
Retention in violation of the provision of the preceding paragraph shall have no effect on the opposing party.
Article 72
Any factual statement made by an advocate shall not be effective if such statement is revoked or rectified immediately by the party appearing in person.
Article 73
An advocate's authority shall not terminate by reason of the death, bankruptcy, or loss of the capacity to litigate of the party represented, nor shall it terminate by reason of a change of the statutory agent of the party represented.
Article 74
The termination of an advocate's retention shall be ineffective unless a notice thereof is served upon the opposing party.
The notice provided in the preceding paragraph shall be made to the court in writing or orally and served upon or notified to the opposing party by the court.
In cases of termination of retention by an advocate, such advocate shall continue to conduct all acts necessary to protect the rights of the party represented for a period of fifteen days from the day of expression of the intention to terminate retention.
Article 75
When there exists a correctable defect in the advocate's authority, the presiding judge shall order the correction of the defect within a designated period of time; however, the judge may permit the advocate to conduct acts of litigation pro tempore.
The provision of Article 48 shall apply mutatis mutandis to the authority of an advocate.
Article 76
A party or an advocate may, with the permission of the presiding judge, appear with an assistant during a court session.
At any time, the presiding judge may revoke the permission provided in the preceding paragraph.
Article 77
Any statement made by an assistant, unless revokedor rectified by the party or advocate immediately, shall be deemed to be made by the party or advocate himself/herself.
CHAPTER III VALUE OF CLAIM & LITIGATION EXPENSES
Section 1 Determination of the Value of Claim
Article 77-1
The court shall determine the value of a claim.
The claim's value will be determined based on its transaction value at the time when the action is initiated or, in the absence of such transaction value, the interests in the claim as owned by the plaintiff.
For purposes of determining the value of a claim, the court may investigate evidence on its own initiative.
An interlocutory appeal may be taken from a ruling on the value of the claim made in accordance with the provision of the first paragraph.
Article 77-2
Where multiple claims are asserted in an action, the claims?value will be the total value of all claims combined. Notwithstanding, the claim's value shall be determined based on the value of the claim with the highest value when such multiple claims are of the same economic purpose or are asserted alternatively.
The values of all incidental claims for interests, damages, default penalty or expenses shall be excluded for purposes of calculating the claim's value.
Article 77-3
The value of the counter-prestation which plaintiff should perform shall not be deducted from the claim's value.
Where plaintiff has demanded the court to adjudicate jointly the value of the counter-prestation, the claim's value shall be determined based on the value of such prestation of the highest value of all claims.
Article 77-4
In matters arising from superficies or yong-dian1, a claim's value shall be fifteen times the total amount of rent for a period of one year, or, in the absence of such amount of rent, fifteen times the attainable rent-equivalent interests for a period of one year. Notwithstanding, where the total amount of rent or the attainable interests for a period of one year exceeds the land value, the land value will govern for purposes of determining the claim's value.
Article 77-5
In matters arising from servitude, a claim's value shall consist of the increment in the value of the dominant land when the servitude holder is the plaintiff, or the reduction in the value of the servient land when the owner of the dominant land is the plaintiff.
Article 77-6
In matters arising from security for creditor's rights, a claim's value shall be the value of the secured creditor's right or, when the value of the security is smaller than the value of the creditor's right, the value of such security.
Article 77-7
In matters arising from rights in the redemption of a dian property2, the claim's value shall be the value of such property or, where only the price of the dian is in dispute, such interests as asserted by plaintiff.
Article 77-8
In matters arising from irrigation, the claim's value shall be the attainable increment in the proceeds from utilization of such irrigation for a period of one year.
Article 77-9
In matters arising from a right in a lease or in cases of fixed term leases, the claim's value shall be the total amount of rent for the entire duration of the existence of such right. Where the total amount of rent exceeds the value of the leased property, the latter will govern for purposes of determining the claim's value. In cases of non-fixed-term leases, the claim's value shall be the total amount of rent for a period of two months with regard to personal property, and the total amount of rent for two payment periods with regard to real property.
Article 77-10
In matters arising from periodical performance or periodical proceeds, a claim's value shall be the total amount of income for the entire duration of the existence of the right to such performance or proceeds. Where the duration is not fixed, the term shall be determined by presumption. Notwithstanding, where the duration exceeds ten years, a duration of only ten years shall be applied.
Article 77-11
In matters arising from partition of a thing held in indivision, a claim's value shall be the interests receivable by plaintiff as a result of the partition in dispute.
Article 77-12
When a claim's value cannot be determined, the value shall be deemed as the minimum amount under which an appeal may be taken to the court of third instance as provided in Article 466, plus one tenth of such minimum amount.
Section 2 Accounting & Taxation of Litigation Expenses
Article 77-13
In matters arising from proprietary rights, the court cost shall be 1,000 New Taiwan Dollars [ " NTD " ] on the first NTD100,000 of the price or claim's value, and an additional amount shall be taxed for each NTD10,000 thereafter in accordance with the following rates: NTD100 on the portion between NTD100,001 and NTD1,000,000 inclusive; NTD90 on the portion between NTD1,000,001 and NTD10,000,000 inclusive; NTD80 on the portion between NTD10,000,001 and NTD100,000,000 inclusive; NTD70 on the portion between NTD100,000,001 and NTD1,000,000,000 inclusive; and NTD60 on the portion over NTD1,000,000,000. A fraction of NTD10,000 shall be rounded up to NTD10,000 for purposes of taxing court costs.
Article 77-14
In matters arising from non-proprietary rights, a court cost of NTD3,000 shall be taxed.
Where such action is accompanied with a proprietary claim, the court costs shall be taxed separately.
Article 77-15
Where the principal claim is the same as the counterclaim, no court cost will be taxed on the counterclaim.
No court cost shall be taxed on claims asserted in accordance either with the provision of the second paragraph of Article 395 or the second paragraph of Article 531.
In cases of an amended or added claim, where the value of such amended or added claim exceeds the value of the original claim, additional court costs shall be taxed on the excess portion.
Article 77-16
In matters of appeal to a court of second or third instance, an additional five tenths of the court cost shall be taxed in accordance with the provisions of Articles 77-13 and 77-14. No court costs will be taxed on a repeated appeal from a judgment rendered after the case has been remanded or transferred by a superior court, or on an appeal from a judgment rendered by the transferee court after the case is transferred in accordance with the provision of the second paragraph of Article 452.
When a claim is amended or added in a court of second instance or is asserted in an action initiated in accordance with the provision of Article 54, the court costs shall be taxed in accordance with the provision of the third paragraph of the preceding article and the provisions of the preceding paragraph shall apply mutatis mutandis. The same principle shall apply to a counterclaim, upon which court costs shall be taxed.
Article 77-17
In cases of a rehearing proceeding, court costs shall be taxed in accordance with the provisions of Article 77-13, Article 77-14, and the preceding article, in accordance with the court before which such proceeding is initiated.
Where a motion for a rehearing proceeds to a final and binding ruling, court costs of NTD1,000 shall be taxed.
Article 77-18
Court costs of NTD 1,000 shall be taxed on an appeal from a ruling and on each subsequent re-appeal .
Article 77-19
As a general rule, no costs will be collected on motions or statements. However, court costs of NT$ 500 shall be collected on motions as prescribed in first subparagraph below; court costs of NT$ 1,000 shall be collected on motions as prescribed in the second to the seventh subparagraphs inclusive.
1. A motion for issuance of a payment order;
2. A motion for intervention or for denying intervention;
3. A motion for restoration to status quo ante;
4. A motion for pre-action preservation of evidence;
5. A motion for provisional attachment, provisional injunction, or revocation of a ruling for provisional attachment or provisional injunction;
6. Repealed;
7. A motion for public summons or for a judgment of abridgment of rights.
Article 77-20
In a motion for mediation of disputes over proprietary rights, no filing fees will be taxed where the price or claim's value is less than NTD 100,000. A filing fee shall be taxed for claims valued at NTD 100,000 or greater according to the following rates: NTD 1,000 where the price or claim's value is NTD 100,000 or more but less than NTD 1,000,000; NTD 2,000 where the price or claim's value is NTD1,000,000 or more but less than NTD 5,000,00; NTD 3,000 where the price or claim's value is NTD 5,000,000 or more but less than NTD 10,000,000; NTD 5,000 where the price or claim's value is NTD 10,000,000 or more. No filing fees will be taxed on a motion for mediation of disputes over non-proprietary rights.
In cases where an action is initiated within thirty days following an unsuccessful mediation, the party moving for mediation may have the filing fees paid for that motion deducted from the court cost to be paid.
Article 77-21
In cases where a motion for issuance of a payment order is deemed to be the initiation of an action or a motion for mediation in accordance with the provision of the first paragraph of Article 519, the court costs or filing fees shall be taxed in full in accordance with the provisions of Article 77-13 or Article 77-20.
In such cases, the party moving for issuance of a payment order may have the filing fees that were paid for that motion deducted from the court costs or filing fees to be paid in accordance with the provision of the preceding paragraph.
Article 77-22
The appointed party who initiated an action in accordance with the provision of Article 44-2 may temporarily be exempted from paying the portion of the court costs in excess of NT$ 600,000 if the amount of court costs collected is more than NT$ 600,000.
No court cost will be collected on an action initiated in accordance with the provision of Article 44-3.
The court of first instance shall, after the action is concluded, make a ruling on its own initiative to collect court costs, which was temporarily exempted in accordance with the provisions of the first paragraph or other regulations, from the party who should bear such costs.
Article 77-23
(1) The Judicial Yuan shall prescribe the items and rates of collectible fees for photocopies, video recording, transcripts, translation of litigation documents, daily fees, travel expenses of witnesses and expert witnesses, and other necessary fees anddisbursements.
(2) Fees for transportation, posting on the court's website, publication in official gazettes, newspapers and compensation of expert witness as assessed by the court, shall be calculated according to the actual cost.
(3) Advance payments for the fees and disbursements received from the parties, as referred to in the two preceding paragraphs, shall be applied exclusively to the specific case for the items of designated fees, and shall be collected and disbursed by the court. The excess amount shall be returned to the payer at the end of the legal action.
(4) Fees for service effected by mail or telecommunication, and fees for meals, accommodation and transportation as incurred by the judge, court clerk, executive officer, and interpreter for conducting acts of litigation outside the courtroom shall not be collected additionally.
Article 77-24
Litigation expenses shall include fees incurred by a party to the action, by the statutory agent or by any other person who duly conducts acts of litigation on behalf of a party to the action for appearing at a court session to make statements, whether such appearance is ordered by the court or for purposes of conducting the examination of parties.
The fees provided in the preceding paragraph shall apply mutatis mutandis in accordance with the provisions applicable to the taxation of daily fees and travel expenses incurred by witnesses.
Article 77-25
When the court or the presiding judge has duly appointed an attorney to act as the special representative or advocate for a party, the compensation to be paid to such appointed attorney shall be determined at the discretion of the court.
Both the compensation provided in the preceding paragraph and the compensation provided in the first paragraph of Article 466-3 shall be included as part of litigation expenses. The Judicial Yuan shall prescribe the payment rates of such compensation, taking into consideration the opinions of the Ministry of Justice and the Taiwan Bar Association.
The court shall, at its discretion, determine the amount of compensation to the appointed attorney as prescribed in the preceding paragraph when making a final and binding judgment. If an action concludes without a judgment, the court shall, at its discretion, determine the amount of compensation with a ruling on motion.
An interlocutory appeal may be taken against a ruling to determine the amount of compensation to an appointed attorney, but no re-appeal is allowed.
Article 77-26
In cases of excessive collection of litigation expenses, the court shall, by ruling on a motion or on its own initiative, return the excess amount collected.
The motion provided in the preceding paragraph must be filed within three months either afterthe entry of a final and binding decision or after the conclusion of the action.
If the court fees were paid as a result of a recording error in the writing of a court notice, or other such similar conditions, the said court fees may be returned on motions within five years from the date of payment, and the court must make a ruling on its own initiative to return such fees.
Article 77-27
When necessary, each High Court may propose to the Judicial Yuan approval of additional taxation of court costs. Notwithstanding, the additional amount to be taxed must not exceed five tenths of the original taxed amount.
Section 3 Bearing of Litigation Expenses
Article 78
The losing party shall bear the litigation expenses.
Article 79
In cases of a partial victory or a partial defeat, the court may, in its discretion, order the litigation expenses to be borne by both parties in a certain proportion; or by a particular party alone, or order both parties separately to bear the litigation expenses they incurred respectively.
Article 80
When a defendant had forthwith admitted to a claim presented by a plaintiff and established that the litigation action was unnecessary, the plaintiff shall bear the litigation expenses.
Article 80-1
In matters arising from a partition or demarcation of a thing held indivisibly or other matters of similar nature, where it is manifestly unfair for the defeated party to bear solely the litigation expenses, the court may, in its discretion, order the prevailing party to bear part of the litigation expenses.
Article 81
The court may, in its discretion, order the prevailing party to bear the litigation expenses incurred in full or in part for the following:
1.An act performed by the prevailing party which is unnecessary for asserting or defending its rights;
2.An act performed by the defeated party which is necessary for asserting or defending its rights in accordance with the phase of the proceedings reached at the time.
Article 82
Where a party has failed timely to present means of attack or defense, or to meet a specified date or period, or otherwise delayed the proceeding by reason of whatever cause imputable to such party, the court may order such party to bear the litigation expenses incurred from the delay, in full or in part, irrespective of his/her victory.
Article 83
In cases of voluntary dismissal, the plaintiff shall bear the litigation expenses.When the plaintiff voluntarily dismisses the action prior to the conclusion of the oral-argument session in the first instance, he/she may, within three months after such dismissal, move for the return of two-thirds of the court costspaid for that instance.
The provision of the preceding paragraph shall apply mutatis mutandis to cases of voluntary dismissal of an appeal from a judgment or an appeal from a ruling.
Article 84
In cases of a settlement, the parties shall respectively bear the expenses of the settlement and the litigation expenses, except as otherwise may be agreed upon.
When a settlement is reached, the parties may, within three months after the settlement date, move for the return of two-thirds of the court costs paid for the current court action.
Article 85
Co-parties shall bear the litigation expenses in equal proportion. Notwithstanding, where there is a manifest difference in the co-parties?gains and losses from the action, the court may, taking such difference into consideration, order the litigation expenses to be borne proportionately to the gains and losses.
When the co-parties lose an action over a joint or indivisible debt, they shall bear the litigation expenses jointly and severally.
When one of the co-parties conducts acts of litigation solely for his/her own interests, the expenses incurred thereby shall be borne by such party.
Article 86
An intervener shall bear the expenses incurred for the intervention. Notwithstanding, the opposing party shall still bear the litigation expenses imposed in accordance with the provisions of Articles 78 to 84 inclusive.
The provision of the preceding article shall apply mutatis mutandis to the case where the claim of the action must be adjudicated jointly with regard to the intervener and the supported party.
Article 87
Upon entering a final judgment, the court shall, on its own initiative, decide the responsibility for litigation expenses.
Where a superior court has reversed a lower court's judgment and entered a decision or changed the lower court's judgment, such superior court shall decide the responsibility for total litigation expenses. The same principle shall apply to cases where the lower court to which a case has been remanded or transferred is to enter a final judgment on that case.
Article 88
A decision on the responsibility for litigation expenses is not reviewable in the absence of an appeal from the principal decision in issue.
Article 89
In cases of meritless litigation expenses incurred by the court clerk, the executive officer, the statutory agent, or the advocate, intentionally or through gross negligence, the court may by a ruling on a motion or its own initiative, order such court officer, statutory agent or advocate to bear the litigation expenses incurred.
Where the party who was permitted to conduct acts of litigation pro tempore in accordance with the provisions of Article 49 or the first paragraph of Article 75 failed to correct the remediable defect, the court may rule by an order on its own initiative that such party will bear the litigation expenses incurred by his/her acts of litigation.
An interlocutory appeal may be taken from a ruling made in accordance with the provision of either of the two preceding paragraphs.
Article 90
Where an action is concluded without a decision, the court shall by ruling on a motion decide on the responsibility for litigation expenses.
The motion provided in the preceding paragraph must be filed within a peremptory period of twenty days following the conclusion of the action.
Article 91
Where the amount of litigation expenses is not fixed by the decision on the responsibility for litigation expenses, the court of first instance shall, on motion, fix the amount by a ruling after that decision becomes enforceable.
A motion for fixing the amount of litigation expenses shall be filed with a statement of fees, a written copy or photocopy copy of such statement to be served upon the opposing party, and explanatory evidence of the stated fees.
The amount of litigation expenses payable based on the amount fixed in accordance with the provision of the first paragraph shall be the amount fixed plus interest accrued at the statutory interest rate from the day following the service of the ruling.
Article 92
Where litigation expenses are to be borne by both parties proportionately, the court shall order the opposing party to present a statement of fees, a written copy or photocopy copy of such statement to be served upon the movant, and explanatory evidence of the stated fees within a designated period of time before entering the decision.
When the opposing party has failed to observe the designated period of time provided in the preceding paragraph, the court solely may decide the stated fees presented by the movant. Notwithstanding, the opposing party may move the court to fix the payable amount of litigation expenses at a later date.
Article 93
Where the litigation expenses are to be borne by both parties in a certain proportion, except in the case provided in the second paragraph of the preceding article, the court, when fixing the amount of litigation expenses payable by each party, shall adjudicate the amount of the balance payable by one party to the other party as a result of an offset.
Article 94
The court may order the court clerk to compute litigation expenses.
Article 94-1
The presiding judge may order a party to advance within a designated period of time the fees necessary for conducting an act of litigation. When the party fails to advance the fees, the court may elect not to conduct such act. Notwithstanding, absent such advance payment of fees, where the proceedings will be prevented from continuing and the opposing party has refused to disburse such fees after being notified to do so within a designated period of time, the proceeding shall be deemed stayed by consent.
In cases covered by the proviso of the preceding paragraph, the proceedings shall resume within four months of receipt of the advance payment or disbursement of the fees from the party. If neither party advances or disburses the fees by the expiration of the said four months, the action or appeal shall be deemed dismissed voluntarily.
Article 95
Provisions of this Section 3 shall apply mutatis mutandis to cases where the court rules that the action or issues are not relevant to the action.
Article 95-1
Where a prosecutor is a party and bears litigation expenses in accordance with the provisions of this Section, such litigation expenses shall be disbursed by the national treasury.
Section 4 Security for Litigation Expenses
Article 96
Where a plaintiff has no domicile, office, or place of business in the R.O.C., the court shall, by a ruling on motion by the defendant, order the plaintiff to provide a security for the litigation expenses. The court shall do the same when such security is found to be inadequate or not correctly provided during the process of the proceedings.
The provision of the preceding paragraph is not applicable in the case where either the portion of the plaintiff's claim is not disputed by defendant or the plaintiff's assets in the R.O.C. are sufficient to compensate the litigation expenses.
Article 97
A defendant who has proceeded orally on the merits may not move the court to order the plaintiff to provide a security except in the case where the cause of action requiring the provision of a security becomes known after proceeding on the merits.
Article 98
Where a defendant has moved the court to order a plaintiff to provide a security, the defendant may refuse to present argument on the merits either before the motion is dismissed or the plaintiff has provided the security as ordered.
Article 99
The court, in ordering a plaintiff to provide a security, shall specify in its ruling the amount of security to be provided and the period of time within which such security shall be provided.
The requisite security amount shall be determined based on the total amount of fees that a defendant is to pay through all court instances.
Article 100
An interlocutory appeal may be taken from a ruling made on a motion for provision of security.
Article 101
Except in cases where the security has been provided before such ruling is made, when a plaintiff fails to provide the security within the period of time designated in the ruling, the court shall, by a ruling, dismiss the action.
Article 102
Unless agreed upon by the parties, the security shall be lodged in cash or in the form of comparable negotiable securities acceptable to the court.
The security provided in the preceding paragraph may be provided in the form of a promissory note issued by an insurer or a bank authorized to provide surety services.
Where the plaintiff is unable to provide the required security in accordance with the provisions of the two preceding paragraphs, instead, the court may allow the provision of a promissory note issued by a person who owns assets within the jurisdictional boundaries of the court.
Article 103
A defendant will have the same rights in the lodged security provided in the preceding article as those held by a pledgee of the same.
Where the plaintiff fails to perform the obligation, the issuer of the promissory note provided in the preceding article will be required to perform the obligation up to the promised amount. In such case, the court may, on motion by the defendant, forthwith start the proceeding of compulsory execution against the issuer.
Article 104
The court shall rule on a motion by the provider of the security to order the return of the lodgment or the promissory note in the following circumstances:
1.The cause requiring the provision of a security has terminated:
2.The security provider proves that the beneficiary of the security has consented to the return;
3.The security provider proves that he/she has, after the conclusion of the action, requested an answer from the beneficiary of the security to exercise its rights within a given period of twenty days or more, and the beneficiary has failed to do so; or the court has, after the action is concluded, served a notice to the beneficiary of the security to exercise its rights within a designated period of time and produce to the court the evidence of its exercise of rights thereafter, and the beneficiary has failed to produce such evidence.
An interlocutory appeal may be taken from a ruling on the motion provided in the preceding paragraph; the execution shall be stayed pending such appeal.
Article 105
The lodgment or promissory note provided as security may be changed by an agreement of the parties or the court may rule, on motion by the security provider, to allow such a change.
An interlocutory appeal may be taken from a ruling on the motion provided in the preceding paragraph; the execution shall be stayed pending such appeal.
Article 106
The provisions of the first and second paragraphs of Article 102 and Article 103 to the preceding article inclusive, shall apply mutatis mutandis to other securities duly provided for purposes of litigation pursuant to applicable laws. The provisions of Article 98, the first paragraph of Article 99, Articles 100 and 101 shall also apply mutatis mutandis to the case where a security is required for initiating an action.
Section 5 Litigation Aid
Article 107
Except in cases where there is manifestly no prospect for a party to prevail in the action, where a party lacks the financial means to pay the litigation expenses, the court shall, by ruling on a motion, grant litigation aid.
The court, in determining whether a party lacks financial means, shall take into consideration the basic living expenses of the party and his/her families living together.
Article 108
Litigation aid will be granted to a foreign national on the condition that an R.O.C. national may receive the same aid in such foreign national's country in accordance with a treaty, agreement, or the laws or customs of such country.
Article 109
A motion for litigation aid shall be filed with the court in which the action is pending. When the motion is made before the action is initiated, the movant shall state the relief to be sought and the transaction or occurrence giving rise to the action.
A preliminary showing shall be made on the fact of lack of financial means to pay litigation expenses.
In place of the preliminary showing provided in the preceding paragraph, a promissory note may be provided by a person who owns assets within the jurisdictional boundaries of the court. Such promissory note must bear an expressed covenant that the issuer will disburse the litigation expenses when the movant is ordered to bear the litigation expenses.
Article 109-1
Before a ruling denying a motion for litigation aid becomes final and binding, the court of first instance must not dismiss the action by reason of the plaintiff's failure to pay the court costs.
Article 110
A grant of litigation aid has the following effects before the action is concluded:
1. Temporary exemption from paying the court costs and other litigation expenses which are to be advanced;
2. Exemption from providing a security for the litigation expenses;
3. Temporary exemption from paying the attorney's fees when the presiding judge, pursuant to the applicable laws, appoints an attorney to advocate the case for the party.
The national treasury shall disburse the litigation expenses for which the movant is temporarily exempted from paying in accordance with the provision of the first subparagraph.
Article 111
The effect of a grant of litigation aid shall extend to the proceedings of a provisional attachment, provisional injunction, appeal from a judgment, and appeal from a ruling.
Article 112
The effect of a grant of litigation aid shall terminate upon the death of the aided party.
Article 113
Where a party who has the means to pay litigation expenses has been granted litigation aid or subsequently becomes able to pay the litigation expenses, the court shall, by a ruling, revoke the grant of litigation aid and order such party to pay in full the costs and fees which have been temporarily exempted.
The court where the record is maintained shall issue the ruling provided in the preceding paragraph.
Article 114
Where litigation aid is granted, the court of first instance to which the action was initiated shall, on its own initiative after the final judgment becomes binding or after the action is concluded without a decision, rule on the adjudication of the amount of the litigation expenses and tax the same against the party who should bear such costs. The litigation expenses which the aided party has been exempted from paying and which should be borne by such party may be reimbursed through a compulsory execution against the issuer of a promissory note.
Compensation of the attorney appointed to advocate the case for the aided party will be disbursed by the national treasury when collection of such compensation proves ineffective.
Article 114-1
In the case of the first paragraph of the preceding article, where the aided person is a child or minor and the burden of litigation expenses could result in significant impact on livelihood, the aided person may move the court to reduce or exempt the litigation expenses with a ruling, provided that the court does not considers reduction or exemption to be manifestly inappropriate.
The motion in the preceding paragraph shall be made within three months from the date when the ruling pursuant to the first paragraph of the preceding article becomes final and binding.
Article 115
An appeal may be taken from a ruling made under this Section.
CHAPTER IV LITIGATION PROCEEDINGS
Section 1 Pleadings
Article 116
Except as otherwise provided, a pleading submitted by a party shall indicate the following matters:
1. The full name and domicile or residence of the parties; in the case of a juridical person, an unincorporated association or agency, then its name and principal office, office or place of business.
2. The full name and domicile or residence of such party's statutory agent and advocate, if any, and the relationship between such party and the statutory agent;
3. The subject matter of the action;
4. Any motion or statement required to be made in the pleading;
5. The evidence necessary to prove the fact or to make a preliminary showing;
6. The annexed documents and the numbers thereof;
7. The court; and
8. The date.
A pleading may indicate the gender, date of birth, occupation, R.O.C. citizen identification number, uniform business number, telephone number, and any other details for the identification of the parties, statutory agents, and advocates.
Parties may submit pleadings to the court by telefax or by any other technological device, and pleadings so submitted shall take full effect as if they were submitted in the original copy. The Judicial Yuan shall prescribe rules governing such submittal as well as the forms and particulars of pleadings.
Article 117
Parities or their advocates shall sign their names or impress their seals on the pleadings. Where fingerprints are impressed instead of seals, the parties shall cause another person to write their full names for them, indicate the reason for this approach, and sign his/her own name.
Article 118
Where parties have referenced in the pleadings documents in their possession, the original copy or a written copy or photocopy of such documents shall be annexed to the pleadings; in case of a partial reference, an excerpted copy of the portion referenced along with the date, signature and seal appearing on the document will be acceptable; in case where the content of the referenced document either is known to the opposing party or is too voluminous for an excerpted copy to be prepared, the mere specification of the document will be acceptable.
Where parties have referenced in the pleadings a document or other tangible evidence which is not in their possession, the full name and domicile or residence of the person or agency possessing that document shall be specified; in case of a reference to a witness, the full name and domicile or residence of such witness shall be specified.
Article 119
In addition to the copy submitted to the court, additional written copies or photocopies of a pleading with annexed documents shall be prepared according to the number of the opposing party to be served.
In case of a discrepancy between the original copy of a pleading and its written copy or photocopy, the copy submitted to the court will prevail.
Article 120
The original copy of the annexed documents submitted to the court by a party may be inspected by the opposing party on application; in cases where the original copy is not submitted, the court shall, on the opposing party's motion, order the party to submit it within five days and notify the opposing party after submission.
The opposing party may, within three days after receipt of the notice provided in the preceding paragraph, inspect the original copy and make a written copy or photocopy thereof.
Article 121
The presiding judge shall order a correction of a pleading not submitted in the prescribed form or defective in any required particulars within a designated period of time.
The pleading to be corrected may be returned for purposes of such correction; in cases where the party domiciles or resides within the jurisdictional boundaries of the court, he/she may be ordered to appear before the court to make the correction.
When a defect in a pleading has been corrected within the designated period of time, such corrected pleading shall be deemed to have taken effect upon its initial submittal.
Article 122
Except as required by this Code to be made in pleadings, any motion or statement concerning the action outside the oral-argument sessions may be made orally before the court clerk.
In the case provided in the preceding paragraph, the court clerk shall record it in the court record and sign therein.
The provisions of Article 116, Articles 118 to 120 inclusive shall apply mutatis mutandis to the court record provided in the preceding paragraph.
Section 2 Service of Process
Article 123
Except as otherwise provided, service of process will be administered by the court clerk on his/her own authority.
Article 124
Service of process shall be effectuated by an execution officer or post office delegated by the court clerk.
In cases of service effectuated by a post office, the relevant postman shall be deemed the person who effects service.
Article 125
A court may request the court at the place where service is to be effectuated to effect the service.
Article 126
Service is deemed effectuated when the court clerk delivers the paper to be served to the person in the courthouse.
Article 127
Service upon a person without the capacity to litigate shall be effectuated upon all of his/her statutory agents.
Where there are two or more statutory agents and the place where service shall be effectuated with regard to some of them is unknown, service may be effectuated upon the other statutory agents only.
Article 128
Service upon a foreign juridical person or unincorporated association which has set up an office or a place of business in the R.O.C. shall be effectuated upon its representative or administrator in the R.O.C.
Article 129
Service upon a soldier in the military or on a warship shall be effectuated by the competent military agency or officer requested to do so.
Article 130
Service upon a prisoner shall be effectuated by the chief officer in charge of the prison to make the service requested to do so.
Article 131
In an action regarding a business, service may be effectuated upon the manager.
Article 132
Where there is no limitation on an advocate's authority to receive service, service shall be effectuated upon the advocate, except where the presiding judge may order the service to be effectuated upon the party represented when he/she considers it necessary to do so.
Article 133
Where the party or his/her agent has appointed an agent of service and the notice of such appointment has been given to the court from which the action is pending, the service shall be effectuated upon the agent of service.
Where the plaintiff, movant, or appellant has no location where the service shall be effectuated in the Republic of China, he/she shall appoint an agent of service whose place of service locates in the Republic of China.
Article 134
Except as otherwise notified by the party or the agent, where an agent of service has been appointed and such appointment has been notified to the court, such appointment shall take effect with regard to the courts of all instances within the same geographic boundaries.
Article 135
Except as otherwise provided, service shall be made by delivering a written copy or photocopy of the paper purported to be served.
Article 136
Service shall be effectuated in the domicile or residence, office or place of business of the person to be served; but service may also be effectuated at the place where the person to be served is found.
In cases where the place to which the service should be effectuated under the preceding paragraph is unknown or where service cannot be effectuated therein, service may be effectuated at the employment place of the person to be served. The same shall apply to cases where the person to be served has notified the court that service may be effectuated at his/her employment place.
Service upon a statutory agent may also be made in the office or place of business of the party.
Article 137
When the person to be served cannot be found in his/her domicile/residence, office, or place of business, service may be effectuated by leaving the paper with his/her housemate or employee of suitable age and discretion.
The provision of the preceding paragraph does not apply to cases where the housemate or employee is the opposing party.
Article 138
Where service cannot be effectuated in accordance with the provisions of the two preceding Articles, it may be effectuated by depositing the paper with the autonomous agency or police department at the place where the service shall be effectuated. In such cases, two copies of notice of service shall be made with one copy posted on the front gate of the domicile or residence, office, place of business, or employment place of the person to be served and the other copy placed in the mailbox or any other appropriate location of the place of service.
Service by deposit shall take effect ten days from the day of the deposit.
The depository agency shall keep the deposited paper for two months from the day of deposit.
Article 139
Where the person to be served refuses to receive service without legal grounds, service will be effectuated by leaving the paper at the place of service.
When there exist circumstances under which service cannot be effectuated by leaving the paper in accordance with the provision of the preceding paragraph, the provision of the preceding Article shall apply mutatis mutandis.
Article 140
Unless effectuated by a postmen in accordance with the provision of the second paragraph of Article 124, no service will, without the permission of the presiding judge, the commissioned judge, the assigned judge, or a judge sitting in the district court at the place of service, be effectuated on Sunday or other holidays, neither before sunrise nor after sunset, except where the person to be served upon does not refuse to receive service.
The court clerk shall indicate in the paper served the permission provided in the preceding paragraph.
Article 141
The person effecting service shall make a service report, indicating the following matters and signing thereon:
1. The court ordering service;
2. The person to be served;
3. The paper to be served;
4. The place, hour, and date of service; and
5. The means of service.
The service report shall be signed, or impressed by seal or fingerprints of the person receiving service. If he/she refuses or is unable to do so, the person effecting service shall make a note of this fact.
Where the person receiving service is not the person to be served himself/herself, the person effecting service shall make a note of such person's name.
The service report shall be submitted to the court and included in the dossier.
Article 142
When service cannot be effectuated, the person attempting to effect service shall make a report indicating the fact, submit the same to the court to include it in the dossier, and return the paper to be served.
The court clerk shall notify the fact that service cannot be effectuated and the reason therefor to the party for whose purpose the service was attempted.
Article 143
Where service is effectuated in accordance with the provision of Article 126, the person receiving service shall be ordered to provide a receipt to be included in the dossier.
Article 144
Where service is to be effectuated in the domicile or residence or office of a person who enjoys immunity, the Ministry of Foreign Affairs may be requested to effect service.
Article 145
Where service is to be made in a foreign country, it shall be effectuated by the competent authorities of such country requested to do so, or the relevant R.O.C. ambassador/minister envoy/consul, or other authorized institutes or organizations in that country.
Where service cannot be effectuated in accordance with the provision of the preceding paragraph, it may be effectuated by dispatching the paper to be served with by registered and receipt requested mail. The returning receipt requested of such mail shall be included in the dossier.
Article 146
Service upon an R.O.C. ambassador/minister envoy/consul, or any other staff stationed in a foreign country shall be effectuated by the Ministry of Foreign Affairs requested to do so.
Article 147
(Repealed.)
Article 148
After the requested authorities or public servants notify that service has been or cannot be effectuated, the court clerk shall include such notice in the dossier; in cases where service cannot be effectuated, the court clerk shall also notify the fact and the reason therefor to the party for whose purpose service was attempted.
Article 149
The court from which the action is pending may, on motion, permit constructive service upon the party in the following circumstances:
(1) Where the location of whom to serve is unknown;
(2) Where the service is ineffective on a person who enjoys immunity in his/her domicile, residence or office;
(3) Where the service to be made in a foreign country cannot be effectuated in accordance with the provision of Article 145, or where service is deemed foreseeably invalid even if it has been implemented in accordance with said Article .
An interlocutory appeal may be taken against a ruling denying the motion provided in the preceding paragraph.
When no person moves for service by constructive notice in the cases prescribed in the first paragraph, the court in which the action is pending may on its own initiative order service to be effectuated by constructive notice if it considers it necessary to do so for avoidance of delay.
Where the plaintiff or the defendant who has been served previously fails to notify the court in which the action is pending of the change of the place where he/she can be served and such failure results in the situation provided in the first subparagraph of the first paragraph, the court may, on its own initiative, order service to be effectuated by constructive notice.
Where the plaintiff, movant, or appellant fails to appoint an agent of service pursuant to the second paragraph of Article 133, the court may, at its own discretion, order the service to be effectuated by constructive notice.
Article 150
Where service has been effectuated by constructive notice in accordance with the provision of the preceding Article, the court may, on its own initiative, continue to effectuate service with regard to the same party by constructive notice.
Article 151
(1) In the case of service by constructive notice, the paper to be served shall be kept in the court clerk's custody and a notice shall be posted on the court's bulletin board, indicating that the person to be served shall collect the paper from the court clerk at any time. Notwithstanding, where the paper to be served is a summons, the summons shall be posted on the bulletin board.
(2) Apart from the requirement provided in the preceding paragraph, the court shall order a written copy, photocopy, or excerpted copy of the paper to be posted on the court's website. Where the court considers it necessary, the court may order a written copy, photocopy, or excerpted copy of the paper to be published in official gazettes or newspapers.
Article 152
Service by constructive notice shall take effect twenty days after the date of posting the notice or summons on the court's bulletin board or the court's website, and in case of publication in an official gazette or newspaper, from the last day of such publication. Where service should be effectuated in a foreign country by constructive notice, such service shall take effect sixty days thereafter.Notwithstanding, service effectuated by constructive notice in accordance with the provision of Article 150 shall take effect the day after the date on which the notice is posted on the court's bulletin board.
Article 153
When service by constructive notice is effectuated, the court clerk shall make a report, indicating the fact and date, and include it in the record.
Article 153-1
Any litigation paper may be transmitted by telefax or by any other technological device, and such transmission shall have the same effect as service in the case of any of the following:
1.The person to be served notifies the court that he/she has received the paper;
2.A person interested in the action moves for transmission of a specific litigation paper.
The Judicial Yuan shall prescribe rules governing the transmission provided in the preceding paragraph.
Section 3 Date & Period
Article 154
Except as otherwise provided, the date for a court session shall be designated in the presiding judge's discretion.
Article 155
Except under compelling circumstances, a court session may not be designated on Sunday or any other holiday.
Article 156
After the presiding judge designates the date for a court session, the court clerk shall issue and serve a summons upon the persons concerned in the action. Notwithstanding, in cases where the presiding judge has informed such persons of the date in person and ordered them to appear accordingly, or where the persons concerned have notified the court in pleadings that they will appear accordingly, such act shall have the same effect as a service of summons.
Article 157
Any act which is to be conducted in a court session shall be conducted in a courthouse, except for any acts which cannot or are not appropriate to be conducted in a courthouse.
Article 158
A court session starts at the time when the case is called.
Article 159
The date for a court session may be altered or postponed for compelling reasons.
Except as otherwise provided, the alteration or postponement of the date shall be decided by the presiding judge by a ruling.
Article 160
Except as fixed by the applicable law, the time period is to be designated in the discretion of the court or the presiding judge.
The time period which is designated by the court or the presiding judge begins to run from the service of the paper bearing the designation of the period, or where no service is required, from the time when the decision designating the period is announced, except where another way of calculation is provided.
Article 161
The Civil Code shall govern the calculation of a period of time.
Article 162
Where a party does not dwell within the jurisdictional boundaries of the court, the time needed for transportation shall be deducted in calculating a period fixed by the applicable law, except where the party's advocate dwells within the jurisdictional bouies of the court and has the authority to conduct the act of litigation which shall be conducted within such period.
The Judicial Yuan shall prescribe the time needed for transportation which shall be deducted as provided in the preceding paragraph.
Article 163
A time period may be extended or shortened for compelling reasons, except for a peremptory period.
A ruling to extend or shorten a time period shall be made by the court, except where the period is designated by the presiding judge, where upon such ruling shall be made by the presiding judge.
Article 164
Where a party or his/her agent does not observe a peremptory period due to a force majeure or any other reason not imputable to him/her, such party or agent may move for restoration to status quo ante within ten days after the reason terminates.
The period provided in the preceding paragraph may not be extended or shortened, but a motion for restoration to status quo ante may be filed in accordance with the provision of the preceding paragraph which shall apply mutatis mutandis.
No motion for restoration to status quo ante may be filed after a period of one year has elapsed from the time of failure to observe the peremptory period.
Article 165
A motion for restoration to status quo ante from a failure to observe the period for appeal from a judgment or ruling shall be filed in pleadings to the court rendering the decision; a motion for restoration to status quo ante from a failure to observe any other period shall be filed in the court having jurisdiction over the act of litigation which shall be conducted within such period.
The reason for the failure to observe a period and the date when it extinguishes shall be indicated in the pleadings with a preliminary showing made thereof.
The act of litigation which should have been conducted within the time period shall be conducted at the same time when the motion for restoration to status quo ante is filed.
Article 166
The motion for restoration to status quo ante and the act of litigation conducted shall be decided jointly by the court in which the motion is filed; but where the original court considers that the motion should be granted and forwards the appeal from the judgment or ruling to its superior court, such motion and appeal shall be decided jointly by the superior court.
Article 167
The commissioned judge or the assigned judge may designate a date or a time period for the acts which he/she conducts.
The provisions of Articles 154 to 160 inclusive and Article 163 shall apply mutatis mutandis to the date and time period designated by the commissioned judge or the assigned judge.
Section 4 Stay of Litigation Proceedings
Article 168
When a party dies, the proceeding shall be stayed automatically until his/her heir, executor of estate, or any other person who by operation of laws and regulations shall continue the action assumes the action.
Article 169
When a juridical person ceases to exist due to a merger, the proceeding shall be stayed automatically until the juridical person that is incorporated or surviving as a result of the merger assumes the action.
The provision of the preceding paragraph does not apply where the merger cannot be applied against the opposing party.
Article 170
When a party loses the capacity to litigate or his/her statutory agent dies or loses the representative authority, the proceeding shall be stayed automatically until the action is assumed by another statutory agent of such party or by such party himself/herself after obtaining the capacity to litigate.
Article 171
When a trustee is discharged from his/her duty under the trust, the proceeding shall be stayed automatically until a new trustee or any other person who by operation of laws and regulations shall continue the action assumes the action.
Article 172
When a person who sues or is sued on behalf of another person in such person's own name based on a certain qualification either loses such qualification or dies, the proceeding shall be stayed automatically until another person with the same qualification assumes the action.
When all of the appointed parties who are appointed pursuant to the applicable law lose their qualification to be so appointed, the proceeding shall be stayed automatically until all of the appointing parties or a newly appointed party assumes the action.
Article 173
The provisions of Article 168, the first paragraph of Article 169, and Articles 170 to the preceding article inclusive do not apply where the party concerned is represented by an advocate. In such cases, however, the court may rule, in its discretion, to stay the proceeding.
Article 174
When a party is adjudicated bankrupt, the proceeding of all actions concerning the bankruptcy estate shall be stayed automatically until a qualified person assumes the action pursuant to the Bankruptcy Act or the bankruptcy proceeding is concluded.
When a party is ordered by the court to begin with liquidation proceedings in accordance with the Consumer Debt Clearance Act, an automatic stay is in effect on all proceedings concerning liquidation of the estate until anadminister assumes the case, or the liquidation proceedings are terminated, or concluded.
Article 175
A person assuming the action as provided in Articles 168 to 172 inclusive and the preceding article shall move for assumption of the action as soon as he/she is able to assume the action.
The opposing party may also move for the action to be assumed.
Article 176
A motion for assumption of action shall be filed in pleadings to the court in which the action is pending and the court shall serve it upon the opposing party.
Article 177
The court shall investigate on its own initiate whether a motion for the assumption of an action is meritorious.
A court finding the motion without merit shall deny the motion by a ruling.
When the proceeding is automatically stayed after the decision has been served, the court rendering the decision shall determine a motion for the assumption of an action.
Article 178
Where a party has failed to move for the assumption of an action, the court may , on its own initiative, order such party to assume the action by a ruling.
Article 179
An interlocutory appeal may be taken from the rulings provided in the two preceding articles.
Article 180
Where a force majeure or other unavoidable events prevent the court from performing its functions, the proceeding shall be stayed automatically until the court declares the resumption of its functions. Notwithstanding, where the court's inability to perform its functions is due to war, the proceeding shall be stayed automatically until the expiration of six months after the court declares that it can resume its functions.
In the case provided in the proviso of the preceding paragraph, where the parties conduct acts of litigation in the court during that period, the stay shall be terminated.
Article 181
When it is necessary for a party to stay the proceeding due to his/her military service during wartime, or a party's communication to the court is obstructed due to a force majeure, war, or other unavoidable events, the court may stay the proceeding by a ruling until such obstruction is removed.
Article 182
When the decision on an action, in whole or in part, is premised upon the existence or non-existence of certain legal relations to be determined in another action, the court may by a ruling stay the proceeding until that action is concluded.
Except as otherwise provided, the provision of the preceding paragraph shall apply mutatis mutandis to cases where the existence or non-existence of a legal relation is to be determined by an administrative proceeding.
Article 182-1
When a civil court determines that it has no jurisdiction over an action that is transferred by the administrative court, the civil court shall stay the proceeding by a ruling and petition to the Supreme Court to appoint the court with jurisdiction to adjudicate the action, except in one of the following circumstances:
(1) When the transfer has been decided by a final and binding decision of the Supreme Administrative Court; or
(2) When the parties consent that the action shall be adjudicated by the civil court.
The consent in the second sub-paragraph of the preceding paragraph should be recorded in the transcript or evidenced with a written document.
The Supreme Court shall grant the parties an opportunity to be heard before issuing a ruling on the petition pursuant to the first paragraph of this Article.
Where the civil court has issued a judgment regarding an action transferred by the administrative court, an appellate court shall not reverse the judgment for reason of lack of jurisdiction.
Article 182-2
In cases where a party has initiated an action with regard to a subject matter for which an action is pending in a foreign court, if reasons exist for the court reasonably to believe that the foreign court's judgment on the action may be recognized in the R.O.C., and it is not substantially inconvenient for the defendant to litigate in such foreign country, then the court by a ruling may stay the proceeding until the entry of a final and binding judgment on the action in that foreign country, except where the parties have otherwise consented to have the subject matter adjudicated by the R.O.C. court.
Before deciding on the ruling provided in the preceding paragraph, the court shall accord the parties an opportunity to be heard.
Article 183
When the commission of a crime is suspected in the course of proceedings which would affect the decision on the action, the court may stay the proceeding by a ruling until the conclusion of the relevant criminal proceeding.
Article 184
In an action initiated in accordance with the provision of Article 54, the court may stay the proceeding of the original action until such action is concluded.
Article 185
Where an action has been notified to a third person in accordance with the provision of Article 65 and if the court believes that the person notified is able to intervene, the court, by a ruling, may stay the proceeding until the person notified intervenes.
Article 186
The court may, on motion or its own initiative, revoke the ruling for a stay of the proceeding.
Article 187
An interlocutory appeal may be taken from a ruling concerning the stay of a proceeding or the revocation thereof.
Article 188
When the proceeding is stayed automatically or by a ruling, neither the court nor the parties may conduct acts of litigation concerning the merits of the action. Notwithstanding, if the proceeding is stayed automatically after the conclusion of the oral-argument sessions, the decision based on such oral argument may be announced.
When the proceeding is stayed automatically or by a ruling, all relevant periods of time shall cease to run, and then run anew from the end of the stay.
Article 189
The parties may stay the proceeding by consent, except that the running of a peremptory period shall not be affected by the stay.
The consent provided in the preceding paragraph shall be notified by both parties to the court or the commissioned judge.
Except for the proviso of the first paragraph, the preceding article shall apply mutatis mutandis to cases where the proceeding is stayed by consent.
Article 190
In cases where the proceeding is stayed by consent, if the parties fail to continue the proceeding within four months after notifying such consent to the court, the action or appeal shall be deemed dismissed voluntarily. The parties may stay the proceeding by consent only on one additional occasion after continuing the proceeding from a stay by consent.
No notification of a stay of the proceeding by consent shall take effect when the proceeding previously has been stayed by consent twice, and the court may continue the proceeding on its own initiative. If both parties fail to appear in the oral argument sessions without giving a justifiable reason, the action or appeal shall be deemed dismissed voluntarily.
Article 191
Except as otherwise provided, the fact that both parties failed to appear in the oral-argument sessions without giving a justifiable reason will be deemed a consent to stay the proceeding. If the parties fail to continue the proceeding within four months thereafter, the action or appeal will be deemed dismissed involuntarily.
When the proceeding is stayed in accordance with the provision of the preceding paragraph, the court may, as it considers necessary, continue the proceeding on its own initiative. If both parties still fail to appear without giving a justifiable reason, the action or appeal shall be deemed dismissed voluntarily.
Section 5 Oral Argument
Article 192
Oral-argument sessions start with the parties?stating their respective demands for judgment for the relief sought.
Article 193
A party shall make factual and legal statements regarding matters involved in the action.
A party may not quote documents in lieu of oral statements, except where it is necessary to quote certain passages from the documents and then, he/she may do so by reading the essential part.
Article 194
A party shall state its evidence in accordance with the provisions of Part II, Chapter I, Section 3.
Article 195
Parties shall make truthful and complete statements with regard to the facts they present.
A party shall make statements concerning the facts and evidence presented by the opposing party.
Article 195-1
Where a party's means of attack or defense involves the privacy or a business secret of either party or a third person, the court may, on motion, order the hearing not be held in public if the court considers it appropriate to do so. The same rule shall apply when the parties have consented the hearing not be held in public.
Article 196
Except as otherwise provided, the means of attack or defense shall be presented in due course according to the phase of litigation before the conclusion of the oral-argument sessions.
Where a party, attempting to delay litigation or through gross negligence, presents an attack or defense in a dilatory manner at the possible cost of a timely conclusion of the litigation, the court may deny the means of attack or defense so presented. The same rule shall apply when the purpose of the means of attack or defense presented is unclear and the presenting party fails to provide a necessary explanation after being ordered to do so.
Article 197
A party may object to any violation of the provisions regulating litigation procedure, except where the party waives the right of objection or makes further statements or representations without objecting to the violation.
The proviso of the preceding paragraph does not apply when the provision regulating litigation procedure in issue is not provided solely for the interests of the parties.
Article 198
The presiding judge shall start, conclude, and direct oral argument and announce the court's decision.
The presiding judge may prohibit any person from speaking who disobeys his/her order.
When the oral argument needs to be continued, the presiding judge shall promptly designate the date for continuation.
Article 199
The presiding judge shall exercise care when directing the parties to present appropriate and complete arguments about the facts and the laws regarding the matters involved in the action.
The presiding judge shall question the parties or direct them to make factual and legal representations, state evidence, or make other necessary statements and representations; where the presented statements or representations are ambiguous or incomplete, the presiding judge shall direct the presenting party to clarify or supplement.
The associate judges may, after informing the presiding judge, question or direct the parties.
Article 199-1
Where the plaintiff's statements and factual representations may lead to an assertion of several legal relations and his/her assertion is ambiguous or incomplete, the presiding judge shall direct him/her to clarify or supplement.
Where the defendant asserts a reason to extinguish or prevent the plaintiff's claim and there exists ambiguity as to whether such reason is raised as a means of defense or counterclaim, the presiding judge shall elucidate.
Article 200
A party may move the presiding judge to conduct necessary interrogation and may, after informing the presiding judge, conduct interrogation himself/herself.
Where the presiding judge considers either the party's motion for interrogation or the interrogation conducted by the party to be inappropriate, the presiding judge may decline to conduct such interrogation or prohibit the party from conducting such interrogation.
Article 201
Where any person who participates in the oral argument raises an objection on the ground that the presiding judge's ruling on the proceeding, or the presiding judge's or the associate judge's interrogation or direction is in violation of law, the court shall make a ruling on such objection.
Article 202
The presiding judge shall appoint a judge who is to be commissioned to act in accordance with the provisions of this Code.
Except as otherwise provided, any request to be made by the court shall be made by the presiding judge.
Article 203
In order to elucidate or ascertain relations involved in the action, the court may take the followings measures:
1. Order the parties or their statutory agents to appear in person;
2. Order the parties to produce drawings/illustrations, schedules/lists, translations of documents written in a foreign language, or other documents and objects;
3. Temporarily retain in the court the documents and objects produced by a party or a third person;
4. Conduct inspections, order expert testimony, or request an agency or organization to conduct an investigation in accordance with the provisions of Part II, Chapter I, Section 3.
Article 204
The court may order arguments to be held separately where a party asserts multiple claims in an action, unless such multiple claims or the means of attack or defense thereof are related.
Article 205
The court may order arguments to be held jointly where the claims in multiple actions are initiated separately but are related or could be asserted in a single action.
Arguments of several actions that have been ordered to be held jointly may be decided jointly.
An action initiated in accordance with the provision of Article 54 shall be jointly argued and decided with the original action, except where the court considers it unnecessary or considers that the provision of Article 184 shall apply.
Article 206
The court may restrict the order of the arguments where a party asserts several independent means of attack or defense with regard to the same claim.
Article 207
The court shall appoint an interpreter where a person who participates in the argument does not understand the language used in the R.O.C. The same principle shall apply when the judge does not understand the dialect used by a participant in the argument.
The court shall appoint an interpreter where a person who participates in the argument has hearing, sound, or language impairments. However, the court may also question such person in writing or direct such person to express statements in writing.
The provisions regarding expert witness shall apply mutatis mutandis to the situations provided in the preceding two paragraphs.
Article 208
The court may prohibit any party from making statements if that party lacks the capacity to express himself/herself.
In the case provided in the preceding paragraph, unless an advocate or assistant also appears, the oral-argument session shall be postponed; if the party is prohibited from making statements again at the newly designated session, he/she shall be deemed to have failed to appear.
The provisions of the two preceding paragraphs shall apply mutatis mutandis when an advocate or assistant lacks the capacity to express himself/herself.
Article 209
Except as otherwise provided, the court shall take evidence in the oral-argument sessions.
Article 210
The court may, if necessary, order the concluded oral argument to be reopened before announcing the decision.
Article 211
Where there is any substitution of a judge participating in the oral argument, the parties shall state orally the purport of their previous arguments. Notwithstanding, the presiding judge may order the court clerk to read aloud the previous transcript instead. transcript.
Article 211-1
Where the parties, statutory agents, advocates, assistants, or other interested persons in an action have technology equipment to mutually exchange sound and video with the court to allow the court to proceed with the action, the court may on motion or at its discretion proceed with the action with that equipment where the court deems appropriate.
The court shall consult the opinions of the parties in the case of the preceding paragraph.
In the case of the first paragraph, the place stated in the summon where the parties should be present shall be the place of the equipment.
Where the transcript or other documents regarding the proceeding conducted pursuant to the first paragraph require a signature by the person making the statement, the court shall deliver the documents to the whereabout of the person who makes the statement, who shall confirm with the content therein and sign on the documents before returning to the court by facsimile or other technology equipment.
The Judicial Yuan shall prescribe regulations regarding the proceeding in the first paragraph and the delivery of documents in the preceding paragraph.
Article 212
The court clerk shall prepare an oral argument transcript, indicating the following matters:
1.The place and date of the oral argument;
2.The full names of the judges, the court clerk, and the interpreter;
3.The subject matter of the action;
4.The names of the appearing parties, statutory agents, advocates, assistants, and other persons who were summoned to appear; and
5.A statement as to whether the argument was held in public, and, if not, the reason therefor.
Article 213
The oral argument transcript shall indicate the purport of the progress of the argument and the following matters with particularity:
1. Any abandonment or admission of the claim, and admission of facts;
2. Any statement or withdrawal of evidence and any objection to the violation of provisions regulating to litigation procedure;
3. Any other statements or representations which are required to be indicated in the transcript by this Code;
4. Any testimony of a witness or an expert witness, and any inspection findings;
5. Decisions other than those which must be made in writing and included in the dossier;
6. Announcement of the decision.
Except as provided in the preceding paragraph, the presiding judge may order the entry in the transcript of important statements or representations made by the parties and the parties?failure to make statements or representations after being directed to do so.
Article 213-1
The court may, on motion, or on its own initiative, use a tape recorder or other machines or equipment to aid in making the oral argument transcript. The Judicial Yuan shall prescribe relevant regulations.
Article 214
Where a party indicates in a pleading his/her statements or representations presented at the oral argument session and submits such pleading to the court at that session, the presiding judge may, as he/she deems appropriate, order the court clerk to annex such pleading to the transcript and make a note of such fact in the transcript.
Article 215
Where the transcript references a document that is included in the dossier or indicates that such document shall be appended thereto, the matters indicated in such document shall take the same effect as those indicated in the transcript.
Article 216
The transcript and the document provided in the preceding article, indicating matters specified in the first subparagraph through the fourth subparagraph of the first paragraph of Article 213, shall, on motion, be read aloud to the persons concerned in the court, or such persons as may be permitted to inspect them. A note to such effect shall be made in the transcript.
Where the person concerned objects to entries in the transcript, the court clerk may rectify or supplement such entries. If the objection is considered meritless, the court clerk shall make a note of the objection in the transcript.
Article 217
The presiding judge and the court clerk shall sign their names in the transcript; if for whatever reason the presiding judge cannot sign, the senior associate judge shall sign instead; if no judge can sign, the court clerk may sign alone; if the court clerk cannot sign, the presiding judge or other judges may sign. A note to the above effect, if any, shall be made in the transcript.
Article 218
No words in the transcript may be erased or altered; any words added to or crossed out shall be identified along with the impression of a seal and with a note of the number of the affected words; the crossed out words must be left legible.
Article 219
The transcript exclusively shall evidence the fact that the formalities of the oral argument have been observed.
Section 6 Decision
Article 220
Except for decisions to be rendered in the form of a judgment as provided by this Code, all decisions shall be made in the form of a ruling.
Article 221
Except as otherwise provided, a judgment shall be based on the parties?oral arguments.
No judge who did not participate in the arguments on which a judgment is based may participate in making the judgment.
Article 222
Except as otherwise provided, in making a judgment the court shall, taking into consideration the entire import of the oral argument and the result of evidence-taking, determine the facts by free evaluation.
Where a party has proved injury but is unable to or is under great difficulty to prove the exact amount, the court shall, taking into consideration all circumstances, determine the amount by its conviction.
The court shall not violate the rules of logic and experience in finding the facts by free evaluation.
The judgment shall specify the reasons on which the determination is based.
Article 223
(1) Judgments shall be published; judgments for which oral arguments were conducted shall be announced except for cases where parties explicitly express his or her absence on or fail to appear on the announcement day.
(2) A judgment shall be announced on the day of the last oral-argument session or on a later date that is designated on the day of the last oral-argument session.
(3) The date designated for announcing the judgment provided in the preceding paragraph shall be no later than two weeks from the day of the conclusion of the oral argumentfor cases which are adjudicated by a single judge, and shall be no later than three weeks for cases which are adjudicated by judges sitting in council, except where cases are complex or there exist special circumstances.
(4) The announcement of judgment provided in the preceding paragraph shall be based on the original copy of the judgment already made.
Article 224
(1) The announcement of judgment shall be made by reading aloud the main text and, where necessary, the reasons for the judgment shall be read aloud or the purport thereof shall be stated verbally.
(2) The publication of a judgment shall be made by publishing the main text of the judgment on the court's bulletin board or posting it on the court's website. The court clerk shall produce a report evidencing such fact noting the hour and date and shall include such report in the dossier.
Article 225
A judgment announced will take effect irrespective of whether the parties appear in person to hear the announcement.
Article 226
Every judgment shall be made in a written form, indicating the following matters:
1. The full name and domicile or residence of the parties; in case of a juridical person, an unincorporated association or agency, its name and principal office, other office or place of business;
2. The full name and domicile or residence of such party's statutory agent and advocate, if any;
3. The subject matter of the action and in the case of a judgment based on an oral argument, the date of the last oral-argument session;
4. The main text;
5. The facts;
6. The reasons;
7. The date; and
8. The court.
Under the heading "facts" shall be indicated the parties'statements presented at the oral-argument sessions and the purport of the means of attack or defense that the court considers just.
Under the heading "reasons" shall be indicated the court's opinions on the means of attack or defense and legal opinions.
In cases of a default judgment or a judgment based on a party's admission of all facts, the facts and reasons thereof may be indicated briefly.
Article 227
The judges who enter the judgment shall sign their full names in the judgment; in cases where one of them cannot sign for whatever reason, the presiding judge shall make a note of such fact; in cases where the presiding judge cannot sign, the senior associate judge shall make such note.
Article 228
The original copy of the judgment shall be delivered to the court clerk on the same day of its announcement; in cases where the judgment is announced during the last oral-argument session, it shall be delivered within five days of that session.
The court clerk shall indicate the date of receipt of the judgment in the original copy of the judgment and sign on the judgment.
Article 229
Authenticated copies of the judgment shall be served upon parties.
The service provided in the preceding paragraph shall be effectuated no later than ten days from the day when the court clerk received the original copy of the judgment.
Where an appeal may be taken from a judgment, the period of time within which an appeal may be taken, and the court to which the appeal pleading shall be submitted, shall be indicated in the authenticated copy of the judgment to be served upon the parties.
Article 230
Every authenticated or excerpted copy of a judgment shall be denominated as such, signed by the court clerk and impressed with the seal of the court.
Article 231
The court rendering the judgment becomes self-bound after the judgment is announced; in cases where no announcement is made, it becomes self-bound after the judgment is published.
After a judgment is announced or published, the parties may, without waiting for its service, conduct acts of litigation on the basis of such judgment.
Article 232
In case of any clerical or mathematical mistakes, or other similar obvious mistakes in the judgment, the court may, on motion or on its own initiative, correct such mistakes by a ruling; the same principle will apply to a discrepancy, if any, between the original copy and the authenticated copy.
The ruling provided in the preceding paragraph is to be added to the original and authenticated copy of the judgment; in cases where the original copy has been served and the remedial ruling cannot be added, an original copy of such ruling shall be made and served on the parties.
An interlocutory appeal may be taken from a ruling making a correction or a ruling denying the motion for correction, except where an appeal has been legally taken from the judgment.
Article 233
Where there is any omission in the decision either with regard to a part of the claim or with regard to litigation expenses, the court shall, on motion or on its own initiative, supplement its decision by another judgment.
An appeal against the omission in the judgment shall be deemed a motion for a supplemental judgment.
Where the oral argument concerning the omitted part has been concluded, the court shall promptly enter a supplemental judgment; where such oral argument has not been concluded, the presiding judge shall promptly designate a date for the relevant oral argument.
In case of a supplemental judgment entered for the omission of a decision on litigation expenses, where an appeal has been legally taken from a judgment on the merits, the appellate court shall adjudicate the supplemental judgment and the judgment on the merits jointly.
A ruling shall be issued when denying a motion for a supplemental judgment.
Article 234
A ruling may be made without oral argument.
Except as otherwise provided, where a ruling is made without oral argument, the court may order the persons concerned to present their statements by pleadings or orally.
Article 235
(1) A ruling made with oral argument shall be announced. Notwithstanding, in cases where the parties explicitly express his or her absence or fail to appear on the announcement day, the ruling may be instead published.
(2) A ruling which concludes an action without oral argument shall be published.
Article 236
A ruling which is not announced shall be served.
A ruling from which an appeal may be taken shall be served.
Article 237
A ruling denying a motion or with regard to a disputed motion shall state the reason therefor.
Article 238
The court, the presiding judge, commissioned judge or assigned judge who enters a ruling becomes self-bound after such ruling is announced; in cases where a ruling is not announced, it becomes self-bound after such ruling is published or served. Notwithstanding, the above principle does not apply to a ruling concerning the direction of proceedings or cases for which it has been otherwise provided.
Article 239
The provisions of the second paragraph of Article 221, the second and the third paragraphs of Article 223, the second paragraph of Article 224, Article 225, Article 227 to Article 230 inclusive, the second paragraph of Article 231, Articles 232 and Article 233 shall apply mutatis mutandis to rulings.
Article 240
A measure taken by the court clerk shall be notified to the persons concerned by service of process or other means.
An objection to a measure taken by the court clerk may be raised within ten days from the day following the service or receipt of the notification thereof, and the court to which the court clerk belongs shall rule on the objection.
Section 6-1 Court Administrator Proceeding
Article 240-1
Except as otherwise provided, the provisions of this Section shall apply to the matters prescribed in this Code and transferred to the court administrator pursuant to the applicable laws.
Article 240-2
Titles and required entries of documents produced by the court administrator in the course of performing his/her functions shall be in accordance with the applicable laws.
The authenticated or excerpted copy of the documents provided in the preceding paragraph shall be signed by the court administrator and impressed with the court's seal.
The authenticated or excerpted copy of the document provided in the preceding paragraph produced on matters handled by the court administrator performing his/her function in the summary court of the district court may be impressed with only the summary court's official seal.
Article 240-3
The measures taken by the court administrator in performing his/her functions shall take the same effect as it were made by the court.
Article 240-4
A party may, by submitting a pleading to the court administrator, object to the final measures taken by the court administrator in performing his/her functions within the ten-day peremptory period starting from the day following the service of the measure. However, Article 519 shall still apply to an objection to a payment order, except when the objection is rejected by the court administrator due to situations as described in the provisions of Article 518, or other illegal conditions.
Where the court administrator considers the objection provided in the preceding paragraph to be meritorious, he/she shall take appropriate measures; where he/she considers the objection meritless, it shall forward the objection to the court for a ruling.
Where the court considers the objection provided in the first paragraph to be meritorious, it shall make an appropriate ruling; where it considers the objection meritless, it shall overrule the objection by a ruling.
The ruling provided in the preceding paragraph shall state with particularity the reasons for the ruling and shall be served upon the parties.
Section 7 Court Dossiers
Article 241
Pleadings presented by the parties, transcripts, decisions, and other documents concerning the action which the court maintains shall be compiled by the court clerk as a dossier.
The destruction or loss of a dossier shall be handled in accordance with another law.
Article 242
A party may apply to the court clerk for inspection of, copying of, or photographing the documents included in the dossier, or for a written copy, photocopy, or excerpted copy thereof with expenses advanced.
Where a third party files the application provided in the preceding paragraph with the parties?consent, or with a preliminary showing of his/her legal interests concerned, the court must decide the application.
Where the documents in the dossier involve the privacy or business secret of the party or a third person and a grant of the application provided in the two preceding paragraphs will likely result in material harm to such person, the court may, on motion or on its own initiative, render a ruling to deny the application or to restrict the acts provided in the two preceding paragraphs.
When the cause for the ruling of denial or restriction provided in the preceding paragraph vanishes, a party or third person may move the court to revoke or amend the ruling.
An appeal may be taken from the ruling provided in the two preceding paragraphs. Pending such appeal, no application provided in the first and the second paragraphs is to be granted; the execution of any measure granted and the ruling of revocation or amendment provided in the preceding paragraph shall be stayed.
The Judicial Yuan shall prescribe the rules governing the inspection of the dossier by parties, their advocates, interveners and other persons with permission.
Article 243
Except as otherwise provided by law, the draft of a decision, or any document concerning its preparation or conference may not be inspected, copied, photographed by parties or a third person, nor may any written copy, photocopy or excerpted copy thereof be given. The same shall apply to a decision that has not be announced, published or signed by the judge.
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