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PART I GENERAL PRINCIPLES
CHAPTER II PARTIES
Section 1 Capacity to be Parties and Capacity to Litigate
Article 40
Any person who has legal capacity has the capacity to be a party.
A fetus has the capacity to be a party in an action concerning the entitlement of its interests.
An unincorporated association with a representative or an administrator has the capacity to be a party.
A central or local government agency has the capacity to be a party.
Article 41
Multiple parties, who have common interests and may not qualify to be an unincorporated association provided in the third paragraph of the preceding Article, may appoint one or more persons from themselves to sue or to be sued on behalf of the appointing parties and the appointed parties.
After the appointment has been made in a pending action in accordance with the provision of the preceding paragraph, all parties who are not appointed shall withdraw from the proceeding.
The appointed parties provided in the two preceding paragraphs may be substituted, increased in number, or cancelled. Such substitution, increase in number, or cancellation shall not take effect until after a notice of such action is served upon the opposing party.
Article 42
The appointment of representative parties, and the substitution, increase in number or cancellation thereof in accordance with the provision of the preceding Article, shall be evidenced in writing.
Article 43
When any of the parties who have been appointed in accordance with the provision of Article 41 has lost its capacity to sue due to death or for any other reason, the remaining appointed parties may continue to conduct the litigation for the entire body.
Article 44
The appointed parties may conduct all acts of litigation for the appointing parties, provided however that the appointing parties may restrict the appointed parties?authority to abandon claims, admit claims, voluntarily dismiss the action, or settle the case.
The restriction of authority imposed by one of the appointing parties shall have no effect with regard to the other appointing parties.
Any restrictions provided in the first paragraph shall be evidenced in writing as prescribed in Article 42 or submitted to the court by subsequent pleadings.
Article 44-1
Multiple parties with common interests who are members of the same incorporated charitable association may, to the extent permitted by said association's purpose as prescribed in its bylaws, appoint such association as an appointed party to sue on behalf of them.
Where an incorporated association initiates an action for monetary damages on behalf of its members in accordance with the provision of the preceding paragraph, if the entire body of the appointing parties agrees to allow the court to grant the full amount of a monetary award to them as a whole body and prescribes how such total award shall be distributed, and furthermore, if the entire body has filed a pleading to such effect, then the court may award a total sum of money to the entire body of the appointing parties without specifying the amount that the defendant must pay to each of the appointing parties respectively.
The provisions of Articles 42 and 44 shall apply mutatis mutandis to the circumstance provided in the first paragraph of this article.
Article 44-2
(1) When multiple parties, whose common interests have arisen from the same public nuisance, traffic accident, product defect, or the same transaction or occurrence of any kind, appoint one or more persons from themselves in accordance with the provision of Article 41 to sue for the same category of legal claims, the court may, with the consent of the appointed party, or upon the original appointed party's motion which the court considers appropriate, publish a notice to the effect that other persons with the same common interests may join the action by filing a pleading within a designated period of time specifying: the transaction or occurrence giving rise to such claim; the evidence; and the demand for judgment for the relief sought. Those persons so joining shall be deemed to have made the same appointment in accordance with the provisions of Article 41.
(2) Other persons with the same common interest may also move the court to publish the notice provided in the preceding paragraph.
(3) A written copy or photocopy of the pleading of joinder shall be served upon all parties to the action.
(4) The publication period of the notice provided for in the first paragraph shall be no less than twenty days. The same notice shall be posted on the court's bulletin board and the court's website. Where the court considers it necessary, the notice may be published in official gazettes, newspapers, or other similar means of communication. The expenses for such publication shall be advanced by the national treasury.
(5) When the appointed party provided in the first paragraph does not agree to such joinder, the court may, on its own initiative, publish a notice to inform other persons with the same common interests to initiate actions and then the court will consolidate the actions.
Article 44-3
An incorporated charitable association or a foundation may initiate, with the permission of its competent governmental business authority and to the extent permitted by the purposes as prescribed in its bylaws, an action for injunctive relief prohibiting specific acts of a person who has violated the interests of the majority concerned.
The Judicial Yuan and the Executive Yuan jointly shall prescribe regulations governing the permission provided in the preceding paragraph as well as appropriate supervision.
Article 44-4
In actions initiated in accordance with the provisions of the three preceding Articles, the court may, on motion, appoint an attorney as an advocate for the plaintiff.
The appointment of an attorney in accordance with the provision of the preceding paragraph shall be made only insofar as necessary for asserting or defending rights.
Article 45
Any person who has the capacity to undertake obligations through independent juridical acts has the capacity to litigate.
Article 45-1
If an assistant gives consent to a person, who has been declared requiring assistantship, to participate in a legal action, the consent should be evidenced in writing.
If a person, who has been declared requiring assistantship, participates in a legal action initiated or appealed by other parties, that person does not require his or her assistant's consent.
If a person, who has been declared requiring assistantship, participates in abandoning a claim, admitting a claim, voluntarily dismissing an action, or settling a case, his or her assistant must give special consent in writing.
Article 46
A foreign national who does not have the capacity to litigate under the law of its own country but who has the capacity to litigate under the R.O.C. law will be deemed to have the capacity to litigate.
Article 47
The provisions of the Civil Code and other laws and regulations will govern the authority of a statutory agent of a person without the capacity to litigate and the necessary approval to initiate an action.
Article 48
Any act of litigation conducted by a person who lacks capacity, authority as a statutory agent, or necessary approval to initiate an action, shall take effect retroactively from the occurrence of such action upon its ratification by a person who subsequently obtains the capacity or the authority as a statutory agent or the necessary approval, or by the statutory agent, or by the person who has authority to grant such approval.
Article 49
When there exists a correctable defect in one's capacity, the authority as a statutory agent, or the approval to initiate an action, the presiding judge shall order such defect to be corrected within a designated period of time. In such cases, when there exists a danger that delay will prejudice the party, the presiding judge may permit acts of litigation to be conducted pro tempore.
Article 50
The provisions of the two preceding Articles shall apply mutatis mutandis to a case where a party is appointed in accordance with the provisions of Articles 41, 44-1, and 44-2, and to a case where a person, who has been declared requiring assistantship, participates in a legal action in accordance with the provisions of Article 45-1.
Article 51
Any person who intends to conduct litigation against another person, but who is without the capacity to litigate and who does not have a statutory agent or whose statutory agent cannot exercise authority, may file a motion with the presiding judge to appoint a special representative for him/her when there exists a danger that delay will result in prejudice.
When a person needs to initiate an action but is without the capacity to litigate and does not have a statutory agent, or where the statutory agent cannot exercise authority, the relatives of such person or anyone who has a legal interest in such action may move for the presiding judge to appoint a special representative.
A ruling appointing a special representative shall be served upon the appointed special representative.
Except for such acts of litigation as abandoning a claim, admitting a claim, voluntarily dismissing an action, or settling a case, a special representative is authorized to conduct all acts of litigation for the party represented until the party's statutory agent or the party himself/herself assumes the action.
The expenses necessary for appointing a special representative and for the special representative to conduct acts of litigation may be ordered to be advanced by the movant.
Article 52
The provisions of this Code regarding a statutory agent's authority shall apply mutatis mutandis to the representative of a juridical person, the representative or administrator provided in the third paragraph of Article 40, the representative of a government agency provided in the fourth paragraph of Article 40, and a representative who has the authority to conduct acts of litigation according to the applicable laws and regulations.
Section 2 Joinder of Parties
Article 53
Two or more persons may sue or be sued as co-parties under the following circumstances:
1.When the rights or obligations of the claim are common to them;
2.When the rights or obligations of the claim arise from the same factual and legal grounds;
3.When the rights or obligations of the claim are of the same nature and arise from the same kind of factual and legal grounds, so long as all defendants are domiciled within the jurisdictional boundaries of the same court or a court can be determined in accordance with the provisions of Articles 4 to 19 inclusive to exercise jurisdiction over all of the defendants.
Article 54
A third person may intervene to assert a claim against the parties to an action pending in a court of either the first or second instance under any of the following circumstances:
1.When such third person asserts rights to the whole or a part of any claim of the action;
2.When such third person claims that the outcome of the action will infringe its rights.
The provisions of all subparagraphs of Article 56 shall apply mutatis mutandis to an action initiated in accordance with the provision of the preceding paragraph.
Article 55
Except as otherwise provided, an act conducted by a co-party or by the opposing party against one of the co-parties, and all matters concerning such co-party, will have no effect on the other co-parties.
Article 56
Wherever a claim must be adjudicated jointly with regard to all co-parties, the following subparagraphs shall apply:
1. Any act conducted by one of the co-parties in the interest of all co-parties will be effective with regard to all of them; any act conducted by one of the co-parties against the interests of all co-parties will have no effect with regard to all of them.
2. Any act conducted by the opposing party against one of the co-parties will be effective with regard to all of them;
3. Any reason for a stay of proceeding, either by operation of law or by a court ruling, that arises with regard to one of the co-parties, will take effect with regard to all of them.
When one of the co-parties, as described in the preceding paragraph, petitions for an appeal, and one or more of the other co-parties are persons who have been declared requiring assistantship, the provisions of Article 45-1 Paragraph 2 shall apply mutatis mutandis.
Article 56-1
Wherever a claim must be adjudicated jointly with regard to several persons, and they shall join as indispensable plaintiffs to initiate the action, but if one or some of them refuse to join as co-plaintiffs without giving a justifiable reason, the court may, on plaintiff's motion, order by a ruling such persons to join within a designated period of time. If such persons fail to join, they shall be deemed to have joined as co-plaintiffs.
The court shall afford any persons refusing to join an opportunity to be heard, prior to making its ruling in accordance with the provision of the preceding paragraph.
In accordance with the provision of the first paragraph, wherever the whereabouts of an indispensable person is unknown and that person has not joined in the litigation action, and the plaintiff has moved for joinder of such person, if the court considers such motion just, it may join said person as a co-plaintiff. Notwithstanding, the court may revoke the original ruling where the joined plaintiff submits reasons for refusing to join as a co-plaintiff prior to the first oral-argument session and the court considers such reasons just.
An interlocutory appeal may be taken from the rulings provided in the first and the preceding paragraph.
In cases provided in the first and third paragraphs, if plaintiffs shall bear the litigation expenses, the court may, in its discretion, order only those plaintiffs who initially initiated the action to bear such expenses.
Article 57
Each co-party has the right to continue the action.
Prior to designating a court session, the court shall notify all co-parties to appear.
Section 3 Intervention
Article 58
A third person who is legally interested in an action between two parties may, for the purpose of supporting one of them, intervene in the action while it is pending.
Intervention may occur jointly with appeals from judgments, appeals from rulings, or any other act of litigation.
A third person who is legally interested in a final and binding judgment in an action between two parties and who has intervened in such action, may initiate a rehearing action for the party supported.
Article 59
A motion for intervention shall be filed along with intervention pleadings in the court where the intervened action is pending.
Intervention pleadings shall indicate the following matters:
1.The action intervened and its parties;
2.The legal interests of the intervener in the action to be intervened;
3.The statement of intervention.
The court shall serve the intervention pleadings on all parties.
Article 60
Except where a party had conducted oral argument without objecting to the intervention, any party may move the court to deny a third-party motion for intervention,
An interlocutory appeal may be taken from the ruling on the motion provided in the preceding paragraph.
An intervener may conduct acts of litigation before the ruling denying the motion for intervention becomes final and binding.
Article 61
Except for acts that contradict the acts conducted by a supported party, an intervener may conduct all acts of litigation for the supported party according to the phase of litigation at the time of intervention.
Article 62
Article 56 shall apply mutatis mutandis to all cases where the claims of an action must be adjudicated jointly with regard to the intervener and the party supported.
Article 63
An intervener may not dispute the correctness of the decisions made in the action against the supported party, except where the intervener has been denied a means of attack or defense either due to the phase of the litigation at the time of the intervention or by an act of the party supported, or where the supported party has willfully or through gross negligence failed to employ certain means of attack or defense unknown to the intervener.
The provisions of the preceding paragraph shall apply mutatis mutandis to the case where the supported party asserts the same dispute against the intervener.
Article 64
With the consent of both parties, the intervener may assume the action on behalf of the supported party.
When the intervener assumes the action, the supported party will be deemed to have withdrawn from the action. The judgment of the action will have binding effect upon the withdrawing party.
Article 65
While an action is pending, a party may notify a third party whose legal interests will be adversely affected if such party is defeated.
The notified third person may make further notification to another person.
Article 66
Notification of an action shall be made by a pleading indicating the reason and phase of litigation reached, and shall be submitted to the court to be served by the court upon the third party.
The notification pleading provided in the preceding paragraph shall also be served upon the opposing party.
Article 67
The notified person is deemed to have intervened in the action at the earliest time when intervention is available notwithstanding his/her failure or delay to intervene. The provision of Article 63 shall apply mutatis mutandis.
Article 67-1
The court may, at an appropriate time prior to the conclusion of oral-argument in the first or second instance, serve a written notice of the action and the phase reached to a third party who is legally interested in the outcome of such action.
The third party notified in accordance with the provision of the preceding paragraph may file, within five days of service of the notice, the motion provided in the first paragraph of Article 242.
Wherever the third party notified in accordance with the provision of the first paragraph is qualified to intervene in accordance with the provision of Article 58, the provision of the preceding Article shall apply mutatis mutandis.
Section 4 Advocates and Assistants
Article 68
Only an attorney may act as an advocate, except where the presiding judge permits a person who is not an attorney to act as an advocate.
The presiding judge may by a ruling, at any time revoke the permission provided in the preceding paragraph. The notification of such revocation shall be served upon the principal of the retention.
The Judicial Yuan shall prescribe the regulations governing permission of a person who is not an attorney to act as an advocate.
Article 69
An advocate shall produce a Power of Attorney upon conducting the initial act of litigation, except where the advocate is retained by a party orally and such retention is entered in the court record by the court clerk or where the advocate is appointed by the court or the presiding judge in accordance with the applicable law.
The retention or appointment, in accordance with the provisions of the preceding paragraph, shall be made separately in each court instance, except when the party has indicated in the Power of Attorney that the retention for a specific action takes effect in all of the court instances and that such Power of Attorney has been duly notarized.
Article 70
An advocate has the authority to conduct all acts of litigation with regard to the action for which he/she is retained, except that he/she may not, without special authorization for him/her to do so: (i) abandon the claim; (ii) admit the claim; (iii) voluntarily dismiss the action; (iv) settle the case; (v) initiate counterclaims; (vi) take an appeal; (vii) initiate a rehearing action; or (ix) appoint another advocate..
The provisions of the proviso of the preceding paragraph shall apply mutatis mutandis to acts concerning compulsory execution or collection of a thing in dispute.
Any restriction on the authority provided in the first paragraph shall be specified in the Power of Attorney or court record provided in the preceding Article.
Article 70-1
When the court or the presiding judge appoints an attorney to act as advocate for a party in accordance with the applicable law, such advocate may conduct all acts of litigation for the party, except for the acts of: abandoning the claim; admitting the claim; voluntarily dismissing the action; or settling the case.
When a party retains an advocate or expresses the intention to conduct acts of litigation on his/her own behalf, the advocate's authority provided in the preceding paragraph shall terminate.
In the case provided in the preceding paragraph, a notice shall be served upon the appointed advocate and the opposing party.
Article 71
In cases where there are two or more advocates, each advocate may represent the party independently.
Retention in violation of the provision of the preceding paragraph shall have no effect on the opposing party.
Article 72
Any factual statement made by an advocate shall not be effective if such statement is revoked or rectified immediately by the party appearing in person.
Article 73
An advocate's authority shall not terminate by reason of the death, bankruptcy, or loss of the capacity to litigate of the party represented, nor shall it terminate by reason of a change of the statutory agent of the party represented.
Article 74
The termination of an advocate's retention shall be ineffective unless a notice thereof is served upon the opposing party.
The notice provided in the preceding paragraph shall be made to the court in writing or orally and served upon or notified to the opposing party by the court.
In cases of termination of retention by an advocate, such advocate shall continue to conduct all acts necessary to protect the rights of the party represented for a period of fifteen days from the day of expression of the intention to terminate retention.
Article 75
When there exists a correctable defect in the advocate's authority, the presiding judge shall order the correction of the defect within a designated period of time; however, the judge may permit the advocate to conduct acts of litigation pro tempore.
The provision of Article 48 shall apply mutatis mutandis to the authority of an advocate.
Article 76
A party or an advocate may, with the permission of the presiding judge, appear with an assistant during a court session.
At any time, the presiding judge may revoke the permission provided in the preceding paragraph.
Article 77
Any statement made by an assistant, unless revokedor rectified by the party or advocate immediately, shall be deemed to be made by the party or advocate himself/herself.