PART I GENERAL PRINCIPLES
CHAPTER IV LITIGATION PROCEEDINGS
Section 3 Date & Period
Except as otherwise provided, the date for a court session shall be designated in the presiding judge's discretion.
Except under compelling circumstances, a court session may not be designated on Sunday or any other holiday.
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.
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.
A court session starts at the time when the case is called.
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.
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.
The Civil Code shall govern the calculation of a period of time.
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.
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.
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.
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.
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.
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.