PART I GENERAL PRINCIPLES
CHAPTER IV LITIGATION PROCEEDINGS
Section 4 Stay of Litigation Proceedings
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
An interlocutory appeal may be taken from the rulings provided in the two preceding articles.
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.
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.
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.
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.
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.
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.
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.
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.
The court may, on motion or its own initiative, revoke the ruling for a stay of the proceeding.
An interlocutory appeal may be taken from a ruling concerning the stay of a proceeding or the revocation thereof.
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.
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.
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.
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.