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

Print Time:2024/04/13 10:52
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Chapter Law Content

PART I GENERAL PRINCIPLES
CHAPTER III VALUE OF CLAIM & LITIGATION EXPENSES
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.
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