Goto Main Content

Chapter Law Content

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.