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PART I GENERAL PRINCIPLES
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.