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Title: Taiwan Code of Civil Procedure CH
Amended Date: 2015-07-01
Category: Judicial Yuan(司法院)
PART I GENERAL PRINCIPLES
CHAPTER I THE COURT
Section 1 Jurisdiction
Article 1
A defendant may be sued in the court for the place of the defendant's domicile or, when that court cannot exercise jurisdiction, in the court for the place of defendant's residence. A defendant may also be sued in the court for the place of defendant's residence for a claim arising from transactions or occurrences taking place within the jurisdiction of that court.
Where a defendant has no place of domicile in the R.O.C., or where the defendant's place of domicile is unknown, then the defendant's place of residence in the R.O.C. shall be deemed to be the defendant's place of domicile. Where the defendant has no place of residence in the R.O.C. and where the defendant's place of residence is unknown, then the defendant's last place of domicile in the R.O.C. shall be deemed to be the defendant's place of domicile.
Where an R.O.C. citizen is located in a foreign nation and enjoys immunity from the jurisdiction of such foreign nation, and when he/she cannot be sued in a court in accordance with the provisions of the two preceding paragraphs, then the place where the central government is located shall be deemed to be the place of domicile of such citizen.
Article 2
A public juridical person may be sued in the court where its principal office is located. A central or local government agency may be sued in the court for the jurisdiction where such office is located.
A private juridical person or unincorporated association that has the capacity to be a party to an action may be sued in the court for the location of its principal office or principal place of business.
A foreign juridical person or unincorporated association may be sued in the court for the location of its principal office or principal place of business in the R.O.C.
Article 3
In matters relating to proprietary rights, an action may be initiated against a defendant who either does not have a place of domicile in the R.O.C. or whose domicile is unknown, in the court for the location of the defendant's attachable property or the subject matter of the claim.
Where the defendant's attachable property or the subject matter of a claim is a creditor's right, either the place of the debtor's domicile or the location of the subject matter of a security shall be deemed to be the location of the defendant's attachable property or the subject matter of the claim.
Article 4
In matters relating to proprietary rights, an action may be initiated against an apprentice, an employee, or any other sojourners in the court for the sojourning place of such person.
Article 5
In matters relating to proprietary rights, an action may be initiated against a soldier or seaman in the court for the location of the principal office or where the warship or ship is registered.
Article 6
In matters relating to the business of a person's office or place of business, an action may be initiated against such person in the court for the location of its office or place of business.
Article 7
In matters relating to a ship or its voyage, an action may be initiated against the owner or user of the ship in the court for the place of registration of the ship.
Article 8
In matters relating to a debt arising from or secured by a ship, an action may be initiated in the court for the location of the ship.
Article 9
In matters relating to claims arising from its membership, an action may be initiated by a corporation or any association, or its creditor or member, against a member in the court for the location of the association's principal office or principal place of business.
The provision of the preceding paragraph shall apply mutatis mutandis to an action initiated by an association or its creditor or member against such association's staff or former member.
Article 10
In matters relating to rights in rem, partition, or demarcation of real property, exclusive jurisdiction resides in court for the place where the real property is located.
In other matters relating to real property, an action may be initiated in the court for the place where the real property is located.
Article 11
In matters relating to debts or rights in rem of any real property provided as a security for such debt, an action may be initiated against the same defendant in the court for the place where the real property is located.
Article 12
In contract matters, an action may be initiated in the court for the place agreed to by the parties as the place of performance of the contract.
Article 13
In matters relating to negotiable instruments, an action may be initiated in the court for the location where the instruments are to be honored.
Article 14
In matters relating to claims arising from the management of property, an action may be initiated in the court for the location where the property is to be managed.
Article 15
In matters relating to torts, an action may be initiated in the court for the location where the tortious act occurred.
In matters relating to claims for damages arising from a collision of ships or other accidents at sea, an action may be initiated in the court for the location where the damaged ship first arrived, or where the ship inflicting damages is seized or registered.
In matters relating to claims for damages arising from the crash of aircraft or other aviation accidents, an action may be initiated in the court for the location where the damaged aircraft first arrived, or where the aircraft inflicting damages is seized.
Article 16
In salvage matters, an action may be initiated in the court for the location where the salvage took place, or where the salvaged ship first arrived.
Article 17
In registration matters, an action may be initiated in the court for the location where the registration is administered.
Article 18
In matters that become effective upon the death of a natural person, an action may be initiated in the court of jurisdiction at the location where the decedent resided at the time of death.
When the court of jurisdiction, as prescribed in the preceding paragraph, cannot exercise its authority or the occurrences giving rise to the lawsuit took place at the natural person's place of residence, or the natural person was an R.O.C. citizen and either did not have a place of domicile in the R.O.C. or the natural person's place of domicile is unknown at the time of death, then the provision of Article 1 shall apply mutatis mutandis in determining the court of jurisdiction.
Article 19
In matters relating to an encumbrance upon an inheritance, an action may be initiated in the court prescribed in the preceding Article, provided that the inheritance is in whole or in part located within the jurisdiction of that court.
Article 20
The court for the location of a codefendant's domicile has jurisdiction over all codefendants, except where a court can obtain jurisdiction over the action in accordance with the provisions of Article 4 through Article 19 inclusive.
Article 21
When the defendant's domicile, or the locus of real property, or the locus of the tort, or any other loci determinative of the court that has jurisdiction crosses or spreads over the jurisdictional boundaries of several courts, any such court may have jurisdiction over the action.
Article 22
When several courts may have jurisdiction over an action, a plaintiff may choose to initiate the action in any one of those courts.
Article 23
The immediate superior court shall, on motion or the request of the court in which the action is pending, designate a court to exercise jurisdiction in case of any of the following:
1.When the court with jurisdiction cannot exercise jurisdiction due to legal or actual impediments, or when special circumstances suggest that by exercising jurisdiction such court may affect the public order or the fairness of the proceeding;
2.When a court with jurisdiction cannot be determined because the jurisdictional boundaries are unascertainable.
When the immediate superior court cannot exercise such authority, the designation provided in the preceding paragraph shall be made by the court superior to the immediate superior court.
The motion provided in the first paragraph may be filed in the court in which the action is pending or in its immediate superior court. The motion provided in the preceding paragraph may be filed in the court in which the action is pending or in the court superior to its immediate superior court.
The ruling designating a court's jurisdiction is not reviewable.
Article 24
Parties may, by agreement, designate a court of first instance to exercise jurisdiction, provided that such agreement relates to a particular legal relation.
The agreement provided in the preceding paragraph shall be evidenced in writing.
Article 25
A court obtains jurisdiction over an action where the defendant proceeds orally on the merits without contesting lack of jurisdiction.
Article 26
The provisions of the two preceding Articles do not apply to an action that is subject to another court's exclusive jurisdiction in accordance with the provisions of this Code.
Article 27
A court's jurisdiction shall be determined according to the standards existing at the time of the initiation of the action.
Article 28
A court, upon determining a lack of jurisdiction over the action in whole or in part, will transfer the action to a court with jurisdiction either by ruling on the plaintiff's motion or on its own initiative.
Before proceeding orally on the merits, a party may move the court to transfer the action to another court with jurisdiction when the court in which the action is pending obtains jurisdiction in accordance with the provision of Article 24 and such agreement is part of a standard contract prepared by the opposing party which is either a juridical person or a merchant, and the contract is manifestly unfair under the circumstances, provided however, that this provision will not apply where both parties are either judicial persons or merchants.
A ruling denying the motion for transfer is not reviewable.
Article 29
When there exist emergent circumstances prior to the transfer of an action, the court shall, either on motion or its own initiative, take necessary measures.
Article 30
The transferee court is bound by the transfer ruling when such ruling becomes final and binding.
The transferee court cannot retransfer the action to another court, except where the action is subject to another court's exclusive jurisdiction.
Article 31
An action is deemed to have been initiated ab initio in the transferee court when the transfer ruling becomes final and binding.
In the case provided in the preceding paragraph, the court clerk shall annex the authenticated copy of the ruling to the dossier and forward it to the transferee court.
Article 31-1
The court'sjurisdiction over the case at the time legal action was initiated shall not be affected by the changes of facts or of legal status that occurred after the case was filed.
If a case is already pending with a court of another jurisdiction, the case in question shall not be reinitiated with another civil court.
Article 31-2
When a civil courtdetermines that it has jurisdiction over a case, and delivers a final and binding ruling, other courts are bound by such ruling.
If a civil court determines that itdoes not have jurisdiction over a case, the court shall rule to transfer the case ex officio to the court with jurisdiction.
If the party of a case is disputing whether the civil court has jurisdiction over the case, the civil court should adjudicate that dispute as its first priority.
The ruling as described in the preceding paragraph may be appealed.
The civil court should seek the opinions of theparties prior to delivering a ruling in accordance with the provisions of the second and the third paragraphs.
Provisions of Article 29 and Article 31 shall apply mutatis mutandis to the event as prescribed in the second paragraph.
Article 31-3
When other courts transfer a case to a civil court, the litigation costs shall be determined and collected in accordance with this Act. The litigation costs incurred prior to the transfer are deemed as part of the litigation costs of the civil court.
Where the required litigation costs were not collected, were falling short of collection amount due, or were over charged, the civil court should collect the unpaid amount or notify the original court to return the overcharge portion of the collection.
Section 2 Disqualification of Officers of the Court
Article 32
Any judge shall voluntarily disqualify himself/herself in the following circumstances:
1.When the judge, or the judge's spouse, former spouse, or fianc嶪 is a party to the proceeding;
2.When the judge is or was either a blood relative within the eighth degree or a relative by marriage within the fifth degree, to a party to the proceeding;
3.When the judge, or the judge's spouse, former spouse, or fianc嶪 is a co-obligee, co-obligor with, or an indemnitor to, a party to the proceeding;
4.When the judge is or was the statutory agent of a party to the proceeding, or the head or member of the party's household;
5.When the judge is acting or did act as the advocate or assistant of a party to the proceeding;
6.When the judge is likely to be a witness or expert witness in the proceeding;
7.When the judge participated in making either the prior court decision or the arbitration award regarding the same dispute in the proceeding.
Article 33
A party may move for the disqualification of a judge in the following circumstances:
1.When the judge does not voluntarily disqualify himself/herself in the circumstances prescribed in the preceding Article;
2.When there exist circumstances other than those prescribed in the preceding Article suggesting that the judge may not perform his/her functions impartially.
A party cannot move for the disqualification of a judge in accordance with the provision of the second subparagraph of this Article after such party has made any motions or statements concerning the action, except where the grounds for disqualification arise or become known thereafter.
Article 34
A motion for the disqualification of a judge shall be filed in the court to which such judge is assigned, stating the specific grounds for the motion.
A preliminary showing of the grounds of the motion and the facts of disqualification provided for in the second paragraph of the preceding Article shall be made within three days of filing the motion.
The judge for whose disqualification is sought may respond to the motion.
Article 35
The ruling on a motion for disqualification shall be made by a panel of judges of the court to which such judge is assigned. When the panel cannot be established due to an insufficient number of qualified judges, the ruling shall be made by the Chief Judge of that court. When the ruling cannot be made by the Chief Judge, it shall then be made by the immediate superior court.
The judge for whom disqualification is sought cannot participate in any decision concerning the ruling prescribed in the preceding paragraph.
The judge for whom disqualification is sought shall disqualify himself/herself without the need of a ruling when he/she considers the motion meritorious.
Article 36
An interlocutory appeal may be taken from a ruling denying the motion for a judge's disqualification. A ruling granting the disqualification motion is not reviewable.
Article 37
The judge shall, upon a motion for disqualification, stay the proceeding prior to a ruling on the motion, except where the motion is filed in violation of either the provisions of the second paragraph of Article 33 or the first or second paragraph of Article 34, or for the manifest purpose of delaying the proceeding.
Despite a stay in accordance with the provision of the preceding paragraph, necessary measures shall still be taken under emergent circumstances.
Article 38
When finding that a judge should have voluntarily disqualified himself/herself, the court or the Chief Judge of the court prescribed in the first paragraph of Article 35 shall make the disqualification ruling on its own initiative.
A judge may, with the consent of the Chief Judge of the court to which the judge is assigned, disqualify himself/herself under the circumstances provided in the second subparagraph of the first paragraph of Article 33.
Article 39
The provisions of this Section shall apply mutatis mutandis to all Judicial Affair Officers, court clerks and interpreters.
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
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.
Other persons with the same common interest may also move the court to publish the notice provided in the preceding paragraph.
A written copy or photocopy of the pleading of joinder shall be served upon all parties to the action.
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 published in official gazettes, newspapers, or other similar means of communication. The expenses for such publication shall be advanced by the national treasury.
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.
CHAPTER III VALUE OF CLAIM & LITIGATION EXPENSES
Section 1 Determination of the Value of Claim
Article 77-1
The court shall determine the value of a claim.
The claim's value will be determined based on its transaction value at the time when the action is initiated or, in the absence of such transaction value, the interests in the claim as owned by the plaintiff.
For purposes of determining the value of a claim, the court may investigate evidence on its own initiative.
An interlocutory appeal may be taken from a ruling on the value of the claim made in accordance with the provision of the first paragraph.
Article 77-2
Where multiple claims are asserted in an action, the claims?value will be the total value of all claims combined. Notwithstanding, the claim's value shall be determined based on the value of the claim with the highest value when such multiple claims are of the same economic purpose or are asserted alternatively.
The values of all incidental claims for interests, damages, default penalty or expenses shall be excluded for purposes of calculating the claim's value.
Article 77-3
The value of the counter-prestation which plaintiff should perform shall not be deducted from the claim's value.
Where plaintiff has demanded the court to adjudicate jointly the value of the counter-prestation, the claim's value shall be determined based on the value of such prestation of the highest value of all claims.
Article 77-4
In matters arising from superficies or yong-dian1, a claim's value shall be fifteen times the total amount of rent for a period of one year, or, in the absence of such amount of rent, fifteen times the attainable rent-equivalent interests for a period of one year. Notwithstanding, where the total amount of rent or the attainable interests for a period of one year exceeds the land value, the land value will govern for purposes of determining the claim's value.
Article 77-5
In matters arising from servitude, a claim's value shall consist of the increment in the value of the dominant land when the servitude holder is the plaintiff, or the reduction in the value of the servient land when the owner of the dominant land is the plaintiff.
Article 77-6
In matters arising from security for creditor's rights, a claim's value shall be the value of the secured creditor's right or, when the value of the security is smaller than the value of the creditor's right, the value of such security.
Article 77-7
In matters arising from rights in the redemption of a dian property2, the claim's value shall be the value of such property or, where only the price of the dian is in dispute, such interests as asserted by plaintiff.
Article 77-8
In matters arising from irrigation, the claim's value shall be the attainable increment in the proceeds from utilization of such irrigation for a period of one year.
Article 77-9
In matters arising from a right in a lease or in cases of fixed term leases, the claim's value shall be the total amount of rent for the entire duration of the existence of such right. Where the total amount of rent exceeds the value of the leased property, the latter will govern for purposes of determining the claim's value. In cases of non-fixed-term leases, the claim's value shall be the total amount of rent for a period of two months with regard to personal property, and the total amount of rent for two payment periods with regard to real property.
Article 77-10
In matters arising from periodical performance or periodical proceeds, a claim's value shall be the total amount of income for the entire duration of the existence of the right to such performance or proceeds. Where the duration is not fixed, the term shall be determined by presumption. Notwithstanding, where the duration exceeds ten years, a duration of only ten years shall be applied.
Article 77-11
In matters arising from partition of a thing held in indivision, a claim's value shall be the interests receivable by plaintiff as a result of the partition in dispute.
Article 77-12
When a claim's value cannot be determined, the value shall be deemed as the minimum amount under which an appeal may be taken to the court of third instance as provided in Article 466, plus one tenth of such minimum amount.
Section 2 Accounting & Taxation of Litigation Expenses
Article 77-13
In matters arising from proprietary rights, the court cost shall be 1,000 New Taiwan Dollars [ " NTD " ] on the first NTD100,000 of the price or claim's value, and an additional amount shall be taxed for each NTD10,000 thereafter in accordance with the following rates: NTD100 on the portion between NTD100,001 and NTD1,000,000 inclusive; NTD90 on the portion between NTD1,000,001 and NTD10,000,000 inclusive; NTD80 on the portion between NTD10,000,001 and NTD100,000,000 inclusive; NTD70 on the portion between NTD100,000,001 and NTD1,000,000,000 inclusive; and NTD60 on the portion over NTD1,000,000,000. A fraction of NTD10,000 shall be rounded up to NTD10,000 for purposes of taxing court costs.
Article 77-14
In matters arising from non-proprietary rights, a court cost of NTD3,000 shall be taxed.
Where such action is accompanied with a proprietary claim, the court costs shall be taxed separately.
Article 77-15
Where the principal claim is the same as the counterclaim, no court cost will be taxed on the counterclaim.
No court cost shall be taxed on claims asserted in accordance either with the provision of the second paragraph of Article 395 or the second paragraph of Article 531.
In cases of an amended or added claim, where the value of such amended or added claim exceeds the value of the original claim, additional court costs shall be taxed on the excess portion.
Article 77-16
In matters of appeal to a court of second or third instance, an additional five tenths of the court cost shall be taxed in accordance with the provisions of Articles 77-13 and 77-14. No court costs will be taxed on a repeated appeal from a judgment rendered after the case has been remanded or transferred by a superior court, or on an appeal from a judgment rendered by the transferee court after the case is transferred in accordance with the provision of the second paragraph of Article 452.
When a claim is amended or added in a court of second instance or is asserted in an action initiated in accordance with the provision of Article 54, the court costs shall be taxed in accordance with the provision of the third paragraph of the preceding article and the provisions of the preceding paragraph shall apply mutatis mutandis. The same principle shall apply to a counterclaim, upon which court costs shall be taxed.
Article 77-17
In cases of a rehearing proceeding, court costs shall be taxed in accordance with the provisions of Article 77-13, Article 77-14, and the preceding article, in accordance with the court before which such proceeding is initiated.
Where a motion for a rehearing proceeds to a final and binding ruling, court costs of NTD1,000 shall be taxed.
Article 77-18
Court costs of NTD 1,000 shall be taxed on an appeal from a ruling and on each subsequent re-appeal .
Article 77-19
As a general rule, no costs will be collected on motions or statements. However, court costs of NT$ 500 shall be collected on motions as prescribed in first subparagraph below; court costs of NT$ 1,000 shall be collected on motions as prescribed in the second to the seventh subparagraphs inclusive.
1. A motion for issuance of a payment order;
2. A motion for intervention or for denying intervention;
3. A motion for restoration to status quo ante;
4. A motion for pre-action preservation of evidence;
5. A motion for provisional attachment, provisional injunction, or revocation of a ruling for provisional attachment or provisional injunction;
6. Repealed;
7. A motion for public summons or for a judgment of abridgment of rights.
Article 77-20
In a motion for mediation of disputes over proprietary rights, no filing fees will be taxed where the price or claim's value is less than NTD 100,000. A filing fee shall be taxed for claims valued at NTD 100,000 or greater according to the following rates: NTD 1,000 where the price or claim's value is NTD 100,000 or more but less than NTD 1,000,000; NTD 2,000 where the price or claim's value is NTD1,000,000 or more but less than NTD 5,000,00; NTD 3,000 where the price or claim's value is NTD 5,000,000 or more but less than NTD 10,000,000; NTD 5,000 where the price or claim's value is NTD 10,000,000 or more. No filing fees will be taxed on a motion for mediation of disputes over non-proprietary rights.
In cases where an action is initiated within thirty days following an unsuccessful mediation, the party moving for mediation may have the filing fees paid for that motion deducted from the court cost to be paid.
Article 77-21
In cases where a motion for issuance of a payment order is deemed to be the initiation of an action or a motion for mediation in accordance with the provision of the first paragraph of Article 519, the court costs or filing fees shall be taxed in full in accordance with the provisions of Article 77-13 or Article 77-20.
In such cases, the party moving for issuance of a payment order may have the filing fees that were paid for that motion deducted from the court costs or filing fees to be paid in accordance with the provision of the preceding paragraph.
Article 77-22
The appointed party who initiated an action in accordance with the provision of Article 44-2 may temporarily be exempted from paying the portion of the court costs in excess of NT$ 600,000 if the amount of court costs collected is more than NT$ 600,000.
No court cost will be collected on an action initiated in accordance with the provision of Article 44-3.
The court of first instance shall, after the action is concluded, make a ruling on its own initiative to collect court costs, which was temporarily exempted in accordance with the provisions of the first paragraph or other regulations, from the party who should bear such costs.
Article 77-23
The Judicial Yuan shall prescribe the items and rates of collectible fees for photocopies, video recording, transcripts, translation of litigation documents, daily fees, travel expenses of witnesses and expert witnesses, and other necessary fees anddisbursements.
Fees for transportation, publication in official gazettes, newspapers and compensation of expert witness as assessed by the court, shall be calculated according to the actual cost.
Advance payments for the fees and disbursements received from the parties, as referred to in the two preceding paragraphs, shall be applied exclusively to the specific case for the items of designated fees, and shall be collected and disbursed by the court. The excess amount shall be returned to the payee at the end of the legal action.
Fees for service effected by mail or telecommunication, and fees for meals, accommodation and transportation as incurred by the judge, court clerk, executive officer, and interpreter for conducting acts of litigation outside the courtroom shall not be collected additionally.
Article 77-24
Litigation expenses shall include fees incurred by a party to the action, by the statutory agent or by any other person who duly conducts acts of litigation on behalf of a party to the action for appearing at a court session to make statements, whether such appearance is ordered by the court or for purposes of conducting the examination of parties.
The fees provided in the preceding paragraph shall apply mutatis mutandis in accordance with the provisions applicable to the taxation of daily fees and travel expenses incurred by witnesses.
Article 77-25
When the court or the presiding judge has duly appointed an attorney to act as the special representative or advocate for a party, the compensation to be paid to such appointed attorney shall be determined in the discretion of the court or the presiding judge.
Both the compensation provided in the preceding paragraph and the compensation provided in the first paragraph of Article 466-3 shall be included as part of litigation expenses.
The Judicial Yuan shall prescribe the payment rates of such compensation taking into consideration the opinions of the Ministry of Justice and the Taiwan Bar Association.
Article 77-26
In cases of excessive collection of litigation expenses, the court shall, by ruling on a motion or on its own initiative, return the excess amount collected.
The motion provided in the preceding paragraph must be filed within three months either afterthe entry of a final and binding decision or after the conclusion of the action.
If the court fees were paid as a result of a recording error in the writing of a court notice, or other such similar conditions, the said court fees may be returned on motions within five years from the date of payment, and the court must make a ruling on its own initiative to return such fees.
Article 77-27
When necessary, each High Court may propose to the Judicial Yuan approval of additional taxation of court costs. Notwithstanding, the additional amount to be taxed must not exceed five tenths of the original taxed amount.
Section 3 Bearing of Litigation Expenses
Article 78
The losing party shall bear the litigation expenses.
Article 79
In cases of a partial victory or a partial defeat, the court may, in its discretion, order the litigation expenses to be borne by both parties in a certain proportion; or by a particular party alone, or order both parties separately to bear the litigation expenses they incurred respectively.
Article 80
When a defendant had forthwith admitted to a claim presented by a plaintiff and established that the litigation action was unnecessary, the plaintiff shall bear the litigation expenses.
Article 80-1
In matters arising from a partition or demarcation of a thing held indivisibly or other matters of similar nature, where it is manifestly unfair for the defeated party to bear solely the litigation expenses, the court may, in its discretion, order the prevailing party to bear part of the litigation expenses.
Article 81
The court may, in its discretion, order the prevailing party to bear the litigation expenses incurred in full or in part for the following:
1.An act performed by the prevailing party which is unnecessary for asserting or defending its rights;
2.An act performed by the defeated party which is necessary for asserting or defending its rights in accordance with the phase of the proceedings reached at the time.
Article 82
Where a party has failed timely to present means of attack or defense, or to meet a specified date or period, or otherwise delayed the proceeding by reason of whatever cause imputable to such party, the court may order such party to bear the litigation expenses incurred from the delay, in full or in part, irrespective of his/her victory.
Article 83
In cases of voluntary dismissal, the plaintiff shall bear the litigation expenses.When the plaintiff voluntarily dismisses the action prior to the conclusion of the oral-argument session in the first instance, he/she may, within three months after such dismissal, move for the return of two-thirds of the court costspaid for that instance.
The provision of the preceding paragraph shall apply mutatis mutandis to cases of voluntary dismissal of an appeal from a judgment or an appeal from a ruling.
Article 84
In cases of a settlement, the parties shall respectively bear the expenses of the settlement and the litigation expenses, except as otherwise may be agreed upon.
When a settlement is reached, the parties may, within three months after the settlement date, move for the return of two-thirds of the court costs paid for the current court action.
Article 85
Co-parties shall bear the litigation expenses in equal proportion. Notwithstanding, where there is a manifest difference in the co-parties?gains and losses from the action, the court may, taking such difference into consideration, order the litigation expenses to be borne proportionately to the gains and losses.
When the co-parties lose an action over a joint or indivisible debt, they shall bear the litigation expenses jointly and severally.
When one of the co-parties conducts acts of litigation solely for his/her own interests, the expenses incurred thereby shall be borne by such party.
Article 86
An intervener shall bear the expenses incurred for the intervention. Notwithstanding, the opposing party shall still bear the litigation expenses imposed in accordance with the provisions of Articles 78 to 84 inclusive.
The provision of the preceding article shall apply mutatis mutandis to the case where the claim of the action must be adjudicated jointly with regard to the intervener and the supported party.
Article 87
Upon entering a final judgment, the court shall, on its own initiative, decide the responsibility for litigation expenses.
Where a superior court has reversed a lower court's judgment and entered a decision or changed the lower court's judgment, such superior court shall decide the responsibility for total litigation expenses. The same principle shall apply to cases where the lower court to which a case has been remanded or transferred is to enter a final judgment on that case.
Article 88
A decision on the responsibility for litigation expenses is not reviewable in the absence of an appeal from the principal decision in issue.
Article 89
In cases of meritless litigation expenses incurred by the court clerk, the executive officer, the statutory agent, or the advocate, intentionally or through gross negligence, the court may by a ruling on a motion or its own initiative, order such court officer, statutory agent or advocate to bear the litigation expenses incurred.
Where the party who was permitted to conduct acts of litigation pro tempore in accordance with the provisions of Article 49 or the first paragraph of Article 75 failed to correct the remediable defect, the court may rule by an order on its own initiative that such party will bear the litigation expenses incurred by his/her acts of litigation.
An interlocutory appeal may be taken from a ruling made in accordance with the provision of either of the two preceding paragraphs.
Article 90
Where an action is concluded without a decision, the court shall by ruling on a motion decide on the responsibility for litigation expenses.
The motion provided in the preceding paragraph must be filed within a peremptory period of twenty days following the conclusion of the action.
Article 91
Where the amount of litigation expenses is not fixed by the decision on the responsibility for litigation expenses, the court of first instance shall, on motion, fix the amount by a ruling after that decision becomes enforceable.
A motion for fixing the amount of litigation expenses shall be filed with a statement of fees, a written copy or photocopy copy of such statement to be served upon the opposing party, and explanatory evidence of the stated fees.
The amount of litigation expenses payable based on the amount fixed in accordance with the provision of the first paragraph shall be the amount fixed plus interest accrued at the statutory interest rate from the day following the service of the ruling.
Article 92
Where litigation expenses are to be borne by both parties proportionately, the court shall order the opposing party to present a statement of fees, a written copy or photocopy copy of such statement to be served upon the movant, and explanatory evidence of the stated fees within a designated period of time before entering the decision.
When the opposing party has failed to observe the designated period of time provided in the preceding paragraph, the court solely may decide the stated fees presented by the movant. Notwithstanding, the opposing party may move the court to fix the payable amount of litigation expenses at a later date.
Article 93
Where the litigation expenses are to be borne by both parties in a certain proportion, except in the case provided in the second paragraph of the preceding article, the court, when fixing the amount of litigation expenses payable by each party, shall adjudicate the amount of the balance payable by one party to the other party as a result of an offset.
Article 94
The court may order the court clerk to compute litigation expenses.
Article 94-1
The presiding judge may order a party to advance within a designated period of time the fees necessary for conducting an act of litigation. When the party fails to advance the fees, the court may elect not to conduct such act. Notwithstanding, absent such advance payment of fees, where the proceedings will be prevented from continuing and the opposing party has refused to disburse such fees after being notified to do so within a designated period of time, the proceeding shall be deemed stayed by consent.
In cases covered by the proviso of the preceding paragraph, the proceedings shall resume within four months of receipt of the advance payment or disbursement of the fees from the party. If neither party advances or disburses the fees by the expiration of the said four months, the action or appeal shall be deemed dismissed voluntarily.
Article 95
Provisions of this Section 3 shall apply mutatis mutandis to cases where the court rules that the action or issues are not relevant to the action.
Article 95-1
Where a prosecutor is a party and bears litigation expenses in accordance with the provisions of this Section, such litigation expenses shall be disbursed by the national treasury.
Section 4 Security for Litigation Expenses
Article 96
Where a plaintiff has no domicile, office, or place of business in the R.O.C., the court shall, by a ruling on motion by the defendant, order the plaintiff to provide a security for the litigation expenses. The court shall do the same when such security is found to be inadequate or not correctly provided during the process of the proceedings.
The provision of the preceding paragraph is not applicable in the case where either the portion of the plaintiff's claim is not disputed by defendant or the plaintiff's assets in the R.O.C. are sufficient to compensate the litigation expenses.
Article 97
A defendant who has proceeded orally on the merits may not move the court to order the plaintiff to provide a security except in the case where the cause of action requiring the provision of a security becomes known after proceeding on the merits.
Article 98
Where a defendant has moved the court to order a plaintiff to provide a security, the defendant may refuse to present argument on the merits either before the motion is dismissed or the plaintiff has provided the security as ordered.
Article 99
The court, in ordering a plaintiff to provide a security, shall specify in its ruling the amount of security to be provided and the period of time within which such security shall be provided.
The requisite security amount shall be determined based on the total amount of fees that a defendant is to pay through all court instances.
Article 100
An interlocutory appeal may be taken from a ruling made on a motion for provision of security.
Article 101
Except in cases where the security has been provided before such ruling is made, when a plaintiff fails to provide the security within the period of time designated in the ruling, the court shall, by a ruling, dismiss the action.
Article 102
Unless agreed upon by the parties, the security shall be lodged in cash or in the form of comparable negotiable securities acceptable to the court.
The security provided in the preceding paragraph may be provided in the form of a promissory note issued by an insurer or a bank authorized to provide surety services.
Where the plaintiff is unable to provide the required security in accordance with the provisions of the two preceding paragraphs, instead, the court may allow the provision of a promissory note issued by a person who owns assets within the jurisdictional boundaries of the court.
Article 103
A defendant will have the same rights in the lodged security provided in the preceding article as those held by a pledgee of the same.
Where the plaintiff fails to perform the obligation, the issuer of the promissory note provided in the preceding article will be required to perform the obligation up to the promised amount. In such case, the court may, on motion by the defendant, forthwith start the proceeding of compulsory execution against the issuer.
Article 104
The court shall rule on a motion by the provider of the security to order the return of the lodgment or the promissory note in the following circumstances:
1.The cause requiring the provision of a security has terminated:
2.The security provider proves that the beneficiary of the security has consented to the return;
3.The security provider proves that he/she has, after the conclusion of the action, requested an answer from the beneficiary of the security to exercise its rights within a given period of twenty days or more, and the beneficiary has failed to do so; or the court has, after the action is concluded, served a notice to the beneficiary of the security to exercise its rights within a designated period of time and produce to the court the evidence of its exercise of rights thereafter, and the beneficiary has failed to produce such evidence.
An interlocutory appeal may be taken from a ruling on the motion provided in the preceding paragraph; the execution shall be stayed pending such appeal.
Article 105
The lodgment or promissory note provided as security may be changed by an agreement of the parties or the court may rule, on motion by the security provider, to allow such a change.
An interlocutory appeal may be taken from a ruling on the motion provided in the preceding paragraph; the execution shall be stayed pending such appeal.
Article 106
The provisions of the first and second paragraphs of Article 102 and Article 103 to the preceding article inclusive, shall apply mutatis mutandis to other securities duly provided for purposes of litigation pursuant to applicable laws. The provisions of Article 98, the first paragraph of Article 99, Articles 100 and 101 shall also apply mutatis mutandis to the case where a security is required for initiating an action.
Section 5 Litigation Aid
Article 107
Except in cases where there is manifestly no prospect for a party to prevail in the action, where a party lacks the financial means to pay the litigation expenses, the court shall, by ruling on a motion, grant litigation aid.
The court, in determining whether a party lacks financial means, shall take into consideration the basic living expenses of the party and his/her families living together.
Article 108
Litigation aid will be granted to a foreign national on the condition that an R.O.C. national may receive the same aid in such foreign national's country in accordance with a treaty, agreement, or the laws or customs of such country.
Article 109
A motion for litigation aid shall be filed with the court in which the action is pending. When the motion is made before the action is initiated, the movant shall state the relief to be sought and the transaction or occurrence giving rise to the action.
A preliminary showing shall be made on the fact of lack of financial means to pay litigation expenses.
In place of the preliminary showing provided in the preceding paragraph, a promissory note may be provided by a person who owns assets within the jurisdictional boundaries of the court. Such promissory note must bear an expressed covenant that the issuer will disburse the litigation expenses when the movant is ordered to bear the litigation expenses.
Article 109-1
Before a ruling denying a motion for litigation aid becomes final and binding, the court of first instance must not dismiss the action by reason of the plaintiff's failure to pay the court costs.
Article 110
A grant of litigation aid has the following effects before the action is concluded:
1. Temporary exemption from paying the court costs and other litigation expenses which are to be advanced;
2. Exemption from providing a security for the litigation expenses;
3. Temporary exemption from paying the attorney's fees when the presiding judge, pursuant to the applicable laws, appoints an attorney to advocate the case for the party.
The national treasury shall disburse the litigation expenses for which the movant is temporarily exempted from paying in accordance with the provision of the first subparagraph.
Article 111
The effect of a grant of litigation aid shall extend to the proceedings of a provisional attachment, provisional injunction, appeal from a judgment, and appeal from a ruling.
Article 112
The effect of a grant of litigation aid shall terminate upon the death of the aided party.
Article 113
Where a party who has the means to pay litigation expenses has been granted litigation aid or subsequently becomes able to pay the litigation expenses, the court shall, by a ruling, revoke the grant of litigation aid and order such party to pay in full the costs and fees which have been temporarily exempted.
The court where the record is maintained shall issue the ruling provided in the preceding paragraph.
Article 114
Where litigation aid is granted, the court of first instance to which the action was initiated shall, on its own initiative after the final judgment becomes binding or after the action is concluded without a decision, rule on the adjudication of the amount of the litigation expenses and tax the same against the party who should bear such costs. The litigation expenses which the aided party has been exempted from paying and which should be borne by such party may be reimbursed through a compulsory execution against the issuer of a promissory note.
Compensation of the attorney appointed to advocate the case for the aided party will be disbursed by the national treasury when collection of such compensation proves ineffective.
Article 115
An appeal may be taken from a ruling made under this Section.
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 notice of such appointment has been given to the court in which the action is pending, service shall be effectuated upon the agent of service.
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 in which the action is pending may, on motion, permit service upon a party to be effectuated by constructive notice in the following circumstances:
1. Where the place where service shall be made is unknown;
2. Where service effectuated in the domicile or residence or office of a person who enjoys immunity is ineffective;
3. Where service which should be effectuated in a foreign country cannot be effectuated in accordance with the provision of Article 145, or it is foreseeable to be futile even if it has been so effectuated.
An interlocutory appeal may be taken from 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.
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
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.
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 published in official gazettes or newspapers, or to make notification or publication of it by other means.
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, 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 bou
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's decision regarding its subject matter jurisdiction over an action conflicts with an administrative court's binding decision, the civil court shall stay the proceeding by a ruling and petition for the Grand Justice Council's explanation.Notwithstanding, should the parties consent for the civil court to adjudicate the action, then the civil court shall adjudicate the case.
If a civil court is deemed as having no jurisdiction over a case, upon the interpretation of the Grand Justice Council, the court shall forward the case ex officio to the court that has jurisdiction.
The consent provided in the first paragraph shall be evidenced in writing.
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 will apply when the judge does not understand the dialect used by a participant in the argument.
Although the court shall appoint an interpreter where a person who participates in the argument is unable to hear or is mute, the court may also question such person in writing or direct such person to express answers in writing.
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 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
Judgments for which oral arguments were conducted shall be announced; judgments for which no oral arguments were conducted shall be published.
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.
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 argument.
The announcement of judgment provided in the preceding paragraph shall be based on the original copy of the judgment already made.
Article 224
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.
The publication of a judgment shall be made by publishing the main text of the judgment on the court's bulletin board. The court clerk shall produce a report evidencing such fact nothing 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
A ruling made with oral argument shall be announced. 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.
PART II PROCEDURE IN THE FIRST INSTANCE
CHAPTER I ORDINARY PROCEEDING
Section 1 Initiation of An Action
Article 244
To initiate an action, a complaint shall be submitted to the court and indicate the following matters:
1. The parties and their statutory agents;
2. The claim and the transaction or occurrence giving rise to such claim; and
3. The demand for judgment for the relief sought.
It is advisable to indicate in the complaint all matters necessary for determining the competent court to exercise jurisdiction and the applicable proceeding.
It is advisable to indicate in the complaint matters in preparation of oral argument as provided in Article 265.
In an action demanding monetary damages, the plaintiff may, within the scope of the transaction or occurrence giving rise to such claim provided in the second subparagraph of the first paragraph, only indicate the minimum amount claimed with regard to the demand provided in the third subparagraph of the first paragraph and increase the amount claimed before the conclusion of the oral argument in the first instance. Where the plaintiff does not increase the amount accordingly, the presiding judge shall inform him/her of the availability of such an opportunity to increase the amount.
In the case provided in the preceding paragraph, the applicable proceeding shall be determined according to the minimum amount claimed.
Article 245
In an action demanding the computation and payment for which a defendant is obliged to perform under certain legal relations, the plaintiff may reserve his/her demand with regard to the scope of such payment until the defendant produces the report of its computation.
Article 246
An action demanding future performance may not be initiated unless it is necessary to make such demand in advance.
Article 247
An action for a declaratory judgment confirming a legal relation may not be initiated unless the plaintiff has immediate legal interests in demanding such judgment. The same rule shall apply to an action for a declaratory judgment confirming the authenticity of a certificate or the existence or nonexistence of the facts from which a legal relation arises.
A declaratory judgment action confirming the existence or nonexistence of facts from which a legal relation arises provided in the preceding paragraph may not be initiated unless no action of any other kind can satisfy the same purpose.
In the case provided in the preceding paragraph, if another claim may be asserted within the same proceeding, the presiding judge shall elucidate on it; if the plaintiff amends the claim or raises additional claims as a result of such assertion, the restriction provided in the first sentence of the first paragraph of Article 255 will not apply.
Article 248
Except for a claim which may not be adjudicated in the same proceeding, multiple claims against the same defendant may be asserted concurrently by initiating the action in any court which has jurisdiction over one of the claims insofar as it does not intrude on another court's exclusive jurisdiction.
Article 249
In case of any of the following, the court shall dismiss the plaintiff's action by a ruling, but where the defect is rectifiable, the presiding judge shall order the plaintiff to rectify within a designated period of time:
1. Where the civil court does not have jurisdiction over the case, and the case cannot be forwarded in accordance with the provisions of the second paragraph of Article 31-2;
2. Where the court in which the action is pending does not have jurisdiction over the action and cannot issue a ruling provided in Article 28;
3. Where the plaintiff or defendant lacks the capacity to be a party;
4. Where the plaintiff or defendant lacks the capacity to litigate and is not legally represented by his/her statutory agent;
5. Where an advocate initiates the action and the advocate lacks authority;
6. Where the action is not initiated in accordance with the prescribed formality, or lacks other requirements;
7. Where the action is initiated in violation of either the provisions of the second paragraph of Article 31-1, Article 253 or the second paragraph of Article 263, or its claim has been adjudicated by a final judgment with binding effect.
Where the plaintiff's claim, given the facts that he/she alleges, is manifestly without legal grounds, the court may, without oral argument, issue a judgment dismissing the action with prejudice.
In the case provided in the preceding paragraph, the court may impose on the plaintiff a fine not exceeding NT$ 60,000.
An appeal may be taken from the ruling provided in the preceding paragraph; the execution shall be stayed pending such appeal.
Article 250
After the court receives the complaint, the presiding judge shall promptly designate a date for the oral-argument session, except where the action shall be forthwith dismissed in accordance with the provision of the preceding article, or where the action shall be transferred to another court in accordance with the provision of Article 28, or where a preparatory proceeding by exchange of pleadings shall be conducted.
Article 251
The complaint shall be served upon the defendant along with the summons for the oral-argument session.
Except in urgent cases, there shall be a preparation period scheduled for at least ten days between the day of service provided in the preceding paragraph and the day scheduled for the oral-argument session.
In an action where a preparatory proceeding has been conducted, the preparation period provided in the preceding paragraph shall be no less than five days.
Article 252
The summons for the oral-argument session shall indicate the hour, date, and the place of appearance. Except where it is served upon an attorney, the summons shall also indicate the legal consequences of a failure to appear.
Article 253
A party may not reinitiate an action which has been initiated during its pendency.
Article 254
No action will be affected by the fact that the legal relation of the subject matter of the claim has been transferred to a third person whensuch action is pending. Notwithstanding, subject to the consent of both parties, the third person may move for assuming the action for a party.
In cases provided in the proviso of the preceding paragraph, if only the opposing party disagrees, either the transferor party or the third person may move the court for a ruling to permit the third party to assume the action.
An interlocutory appeal may be taken from the ruling provided in the preceding paragraph.
When the court knows that the claim has been transferred, it shall immediately notify the third party the fact that the action has been transferredin writing.
Where the acquisition, creation, loss or alteration of a claimed right, as prescribed in the first paragraph, must be registered pursuant to the applicable laws, and if the action initiated by the party is legal and is not obviously meritless, the court in which the action is pending may, upon a party's motion, issue a certificate of fact stating that the action has been initiated so that the party may request the registrar agency to register such fact.
Prior to issuing a certificate of fact stating that an action has been initiated, the court must provide opportunities for the parties to state their opinions.
When a party is in the process of registering a certificate of facts stating that a legal action has been initiated, and before the oral arguments on matters of fact are concluded, the opposing party may object.
The ruling ofrejecting the motion as described in the fifth paragraph and the ruling adjudicated for the objection as described in the preceding paragraph shall not be challenged.
After the legal action is concluded, the party or an interested party may move the court to issue a certificate that requests the registrar agency to deregister such fact.
Article 255
After the service of the complaint, the plaintiff may not amend his/her claim or raise additional claims, except in case of any of the following circumstances:
1. Where the defendant agrees;
2. Where the amendment or addition of the claim is based on the same transaction or occurrence;
3. Where only the demand for judgment for the relief sought is expanded or reduced;
4. Where the change of circumstances makes it necessary to replace the original claim with another claim;
5. Where the claim shall be adjudicated jointly with regard to several persons and one or several such persons who are not parties are joined as parties;
6. Where the existence or nonexistence of a certain legal relation, based upon which relation the case shall be decided, becomes disputed in the course of the proceeding and an additional claim for a declaratory judgment confirming such legal relation against the defendant is raised;
7. Where it would neither severely obstruct the defendant's defense nor delay litigation.
Where the defendant proceeds orally on the merits without objecting to the amendment or addition of claims, he/she shall be deemed to have agreed to such amendment or addition.
Article 256
Supplementing or rectifying factual or legal statements without changing the claim shall not be deemed an amendment or addition of claims.
Article 257
No claim may be amended, nor may an additional claim be raised, if the amendment or the addition of the claim is subject to another court's exclusive jurisdiction or cannot be adjudicated in the same proceeding.
Article 258
The decision allowing the amendment or addition of the claim in accordance with the proviso of the first paragraph of Article 255, or determining that there is no amendment or addition, is not reviewable.
Where a ruling denying the addition of claims becomes final and binding by reason of a failure to meet the relevant requirements, the plaintiff may, within ten days from the day when the ruling becomes final and binding, move the court to adjudicate such additional claim.
Article 259
The defendant may, prior to the conclusion of the oral argument, raise a counterclaim against the plaintiff and the persons with regard to whom the counterclaim shall be adjudicated jointly in the court where the plaintiff's claim is pending.
Article 260
No counterclaim may be raised if it is subject to the exclusive jurisdiction of another court or if it is neither related to the plaintiff's claim nor related to the defendant's means of defense.
No counterclaim may be raised if it cannot be adjudicated in the same proceeding with the plaintiff's claim.
The court may dismiss a counterclaim without prejudice where it is raised by a party for purposes of delaying litigation.
Article 261
A claim may be amended, and an additional claim and counterclaim may be raised in the oral-argument sessions.
The amendment or addition of claims, or counterclaims made in the oral-argument sessions shall be indicated in the oral-argument transcript. The transcript shall be served on the opposing party when the opposing party was not present.
Article 262
The plaintiff may, before the judgment becomes final and binding, voluntarily dismiss the action in whole or in part, and except where the defendant has proceeded orally on the merits, such dismissal shall be subject to his/her consent.
A voluntary dismissal shall be made by pleadings. Notwithstanding, it may be made orally before the court or the commissioned judge in the court session.
A voluntary dismissal made orally shall be indicated in the transcript and in the case where the opposing party was not present, such transcript shall be served on the opposing party.
The defendant is deemed to have agreed to the voluntary dismissal if he/she does not object to such dismissal within ten days from the day of the court session in the case where he/she appeared and did not express whether he/she agreed or disagreed, or from the day of service of the transcript provided in the preceding paragraph or the dismissal pleading in case where he/she failed to appear in the court session or where the dismissal is made by pleadings.
Article 263
An action dismissed voluntarily is deemed an action never initiated. Notwithstanding, no voluntary dismissal of the plaintiff's claim will render a counterclaim inoperative.
An action may not be re-initiated if it is dismissed voluntarily after a final judgment has been entered.
Article 264
Where the plaintiff's claim has been dismissed voluntarily, the voluntary dismissal of a counterclaim is not subject to the plaintiff's consent.
Section 2 Preparation for Oral Argument
Article 265
For purposes of oral argument preparation, parties shall submit to the court a pleading which indicates his/her means of attack or defense, and his/her responses to the opposing party's statements and means of attack or defense, and send a written copy or photocopy of the same directly to the opposing party.
When the opposing party disputes the successful delivery of a written copy or photocopy of the pleading provided in the preceding paragraph, the party submitting the pleading shall make a preliminary showing thereof.
Article 266
The plaintiff's pleading made in preparation for oral argument shall indicate the following:
1. The facts and reasons on which his/her claim is based;
2. The evidence proving the disputed facts; in case of multiple evidence, all of them;
3. A statement either admitting or denying the facts and evidence alleged by the opposing party; in the case of denial, the reasons therefor.
The defendant's answer shall indicate the following:
1. The facts and reasons of his/her defenses;
2. The matters provided in the second and third subparagraphs of the preceding paragraph.
The matters provided in each subparagraph of the two preceding paragraphs shall be specified with particularity.
A photocopy of all documentary evidence referred to in the pleadings provided in the first and the second paragraphs shall be submitted to the court with a photocopy of the pleadings sent directly to the opposing party.
Article 267
The defendant shall, if he/she considers it necessary to do so, submit his/her answer to the court, with a written copy or photocopy thereof sent directly to the plaintiff within ten days after receiving the complaint, and no later than five days prior to the oral-argument session if one has been designated.
Where any matter which should be notified to the opposing party in preparation of the case is not indicated in the complaint or answer, the parties shall submit to the court a preparatory pleading indicating such matter with a written copy or photocopy thereof sent directly to the opposing party within the period which the opposing party needs to prepare for such matter, and no later than five days prior to the oral-argument session if one has been designated.
The parties shall submit to the court the preparatory pleading, if any, to dispute or respond to the matters indicated in the pleadings provided in the two preceding paragraphs with a written copy or photocopy thereof sent directly to the opposing party within five days after receiving such pleadings as provided in the two preceding paragraphs, and no later than three days prior to the oral-argument session if one has been designated.
Article 268
The presiding judge may, if he/she is of the opinion that the preparation for oral argument has not been completed, order the parties to submit a preparatory pleading or answer with complete indications in accordance with the provisions of Article 265 to Article 267 inclusive, within the period of time such judge designates, and may also order them to specify or state in detail the evidence which they propose to use with regard to a certain matter.
Article 268-1
After a preparatory proceeding by exchange of pleadings has been completed in accordance with the provisions of the two preceding articles, the presiding judge or the commissioned judge shall promptly designate a date for the oral-argument session or the preparatory session.
The court shall require the parties to formulate and agree on simplifying the issues.
The presiding judge may, if necessary, order the parties to submit a pleading summarizing the result of the formulation of the issues within the period of time to be designated by the judge.
The pleading provided in the preceding paragraph shall be made in concise writing, in orderly itemized paragraphs, and must not make general reference to the previous statements presented in pleadings or orally.
Article 268-2
Where a party either fails to submit pleadings or to state evidence in accordance with the provisions of Articles 267 and 268, and the third paragraph of the preceding article, the court may, on motion or on its own initiative, order such party to explain the reasons by pleadings.
Where the party fails to explain in accordance with the provision of the preceding paragraph, the court may apply the provision of Article 276 mutatis mutandis or take such fact as part of the entire import of oral argument in forming its decision.
Article 269
The court may, prior to the oral argument, take the following measures if it considers it necessary to do so in order to expedite the closing of oral argument:
1. To order the parties or their statutory agents to appear in person;
2. To order the parties to produce documents and objects;
3. To notify witnesses or expert witnesses, and to send for documents or objects, or order a third person to produce documents or objects;
4. To conduct inspections, or order expert testimony, or request an agency or organization to conduct an investigation;
5. To require a commissioned judge or an assigned judge to take evidence.
Article 270
In an action adjudicated by judges sitting in council, the court may, if necessary, appoint one of the judges to be the commissioned judge to conduct the preparatory proceeding.
The preparatory proceeding shall not proceed beyond the clarification of the relations involved in the action, except where the court has ordered that evidence be taken in the preparatory proceeding.
The commissioned judge may not be ordered to take evidence except in the following cases:
1. If it is necessary to take the evidence at the place where such evidence is located;
2. The evidence shall be taken outside the courthouse pursuant to the applicable laws;
3. Taking the evidence in the oral-argument sessions may result in the destruction or loss of such evidence or the obstruction of its use, or it is manifestly difficult to do so;
4. Both parties agree to have the evidence taken by the commissioned judge.
The provisions of the first and the second paragraphs of Article 251 shall apply mutatis mutandis to the preparatory proceeding.
Article 270-1
For the purpose of clarifying the relations involved in the action, the commissioned judge may conduct the following activities without holding a session in public:
1. To order the parties to explain the matters indicated in the preparatory pleadings;
2. To order the parties to make statements with regard to the facts, documents, or objects;
3. To formulate and simplify the issues;
4. Other necessary matters.
In conducting the proceeding provided in the preceding paragraph, the commissioned judge may excuse himself/herself or a party from the proceeding temporarily if he/she considers it appropriate to do so, or order the parties to reach an agreement, within a period of not more than seven days as he/she may designate, on simplifying the issues alleged or other matters which can expedite the litigation and make a joint report to the court. Notwithstanding, the parties shall be ordered no more than two times to reach such an agreement.
The parties shall be bound by their agreement reached, if any, in accordance with the provisions of subparagraph of the preceding paragraph with regard to the issues they alleged, except where they have agreed on an amendment to said agreement, or where reasons exist not imputable to the parties, or other circumstances render such binding agreement manifestly unfair.
Article 271
The transcript of the preparatory proceeding shall indicate the following matters:
1. Each party's statements and the means of attack or defense he/she uses;
2. Reponses to the opposing party's statements and means of attack or defense;
3. The matters listed in each subparagraph of the first paragraph of the preceding article and the conclusion to formulating the issues.
Article 271-1
The provisions of the two preceding articles shall apply mutatis mutandis to cases which are adjudicated by a single judge.
Article 272
The provisions of Article 44-4, Article 49, the first to the third paragraphs inclusive of Article 68, the first paragraph of Article 75, Article 76, the third paragraph of Article 77-1, the first sentence of the first paragraph of Article 94, the first paragraph of Article 120, the first and the second paragraphs of Article 121, Article 132, Article 198 to Article 200 inclusive, Article 203, Article 207, Article 208, the second paragraph of Article 213, Article 213-1, Article 214, Article 217, the proviso of the first paragraph of Article 249, the fourth paragraph of Article 254, Article 268, the third paragraph of Article 268-1, the first paragraph of Article 268-2, the first to the fourth subparagraphs inclusive of Article 269, the first and the second paragraphs of Article 371 and Article 372 with regard to the authorities of the court or the presiding judge, shall apply mutatis mutandis to the commissioned judge in conducting the preparatory proceeding.
The provisions of the first paragraph of Article 96 and Article 99 with regard to the authorities of the court shall apply mutatis mutandis to cases where the commissioned judge is to conduct the preparatory proceeding and the parties consent to the exercise of such authorities by the commissioned judge.
Article 273
Where a party does not appear in the preparatory session, the preparatory proceeding nevertheless shall be conducted for the appearing party and the transcript shall be served upon the party who failed to appear.
In the case provided in the preceding paragraph, unless it is necessary to designate another session, the commissioned judge may conclude the preparatory proceeding.
Article 274
The conclusion of the preparatory proceeding shall be notified to the parties and indicated in the transcript.
The commissioned judge or the court may order the reopening of a preparatory proceeding which has been concluded.
Article 275
The parties shall state the purport of the preparatory proceeding in the oral-argument sessions following the preparatory proceeding. Notwithstanding, the presiding judge may order the court clerk to read aloud the preparatory proceeding transcript instead.
Article 276
Except for the following, no matter that has never been alleged in the preparatory proceeding may be alleged in the oral-argument session following the preparatory proceeding:
1. Matters which the court shall investigate on its own initiative;
2. Matters which will not delay the litigation;
3. Matters which could not be alleged in the preparatory proceeding due to reasons not imputable to the parties;
4. Matters which must be alleged or it would be manifestly unfair under the circumstances.
A preliminary showing shall be made as to the reasons provided in the third subparagraph of the preceding paragraph.
Section 3 Evidence
Item 1 General Provisions
Article 277
A party bears the burden of proof with regard to the facts which he/she alleges in his/her favor, except either where the law provides otherwise or where the circumstances render it manifestly unfair.
Article 278
A fact need not be proved if it is generally known or known to the court in the course of performing its function.
Any fact provided in the preceding paragraph may be taken into consider-ation by the court even if it is not alleged by either party. Notwithstanding, the parties shall be accorded an opportunity to present their argument regarding such facts before the decision is rendered.
Article 279
A fact need not be proved if it is alleged by a party and admitted by the opposing party in the preparatory pleadings, in the oral-argument sessions, or before the commissioned judge or the assigned judge.
Where a party makes an addition to or limitation on his/her admission, the court shall, taking all circumstances into consideration, determine whether an admission has been made.
Except as otherwise provided, no admission may be withdrawn unless the party making such admission either proves that such admission is contrary to the truth or the opposing party agrees to such withdrawal.
Article 280
A fact shall be deemed admitted where a party does not dispute a fact alleged by the opposing party in oral argument, except where a party has already made other statements which may be considered to dispute such fact.
Where a party states that he/she has no knowledge or memory with regard to a fact alleged by the opposing party, the court shall, taking all circumstances into consideration, determine whether such statement constitutes an admission.
The first paragraph shall apply mutatis mutandis to cases where a party who has been timely and legally notified of a fact alleged by the opposing party neither appears in the oral-argument sessions nor submits a preparatory pleading to dispute such fact, except where the party failing to appear is notified by constructive notice.
Article 281
A fact presumed de jure need not be proved absent proof to the contrary.
Article 282
The court may presume the truth of a disputed fact by drawing inferences from the facts already established.
Article 282-1
Where a party intentionally destroys or hides a piece of evidence, or makes it difficult to use, for the purpose of obstructing the use of such evidence by the opposing party, the court may, in its discretion, take as the truth the opposing party's allegation with regard to such evidence or the disputed fact to be proved by such evidence.
In the case provided in the preceding paragraph, the parties shall be accorded an opportunity to present their arguments.
Article 283
A party has the burden of proof with regard to customs, local ordinances, and foreign laws which are unknown to the court. Notwithstanding, the court may investigate on its own initiative.
Article 284
To make a preliminary showing of a factual allegation, all kinds of evidence may be used to establish the truth of such allegation to the belief of the court, except for the kind of evidence which cannot be submitted immediately.
Article 285
A disputed fact to be proved by evidence shall be specified when such evidence is introduced.
Evidence may also be introduced before the oral-argument sessions.
Article 286
The court shall accept evidence introduced by the parties, except for evidence which is considered by the court to be unnecessary.
Article 287
In the case of any obstacle that makes it impossible to designate the time in advance for taking evidence, the court may, on motion, designate a period of time within which the evidence shall be taken. Notwithstanding, the evidence shall still be taken after such period expires insofar as the litigation will not be delayed as a result.
Article 288
When the court cannot obtain conviction from the evidence introduced by the parties, the court may take evidence on its own initiative if such is necessary for finding the truth.
In taking evidence in accordance with the provision of the preceding paragraph, the parties shall be accorded an opportunity to be heard.
Article 289
The court may request an agency, a school, a chamber of commerce, an exchange or any other organization to conduct a necessary investigation; the requested organization is under a duty to conduct such investigation.
Where the court considers it appropriate, it may also request a foreign agency or organization to conduct a necessary investigation.
Article 290
Where the court considers it appropriate, it may request another court to appoint a judge to take evidence.
Article 291
In requesting the judge of another court to take evidence, the presiding judge shall notify the parties that they may designate a place for service of process at the place where the requested court is located or retain an advocate who domiciles/resides at such place and notify the requested court of such fact.
Article 292
If the requested court knows that the evidence should be taken by another court, it may request such court to take such evidence on its behalf.
In the case provided in the preceding paragraph, the requested court shall notify such fact to both the court in which the action is pending and the parties.
Article 293
Either the court in which the action is pending, the commissioned judge, or the assigned judge may, if necessary, take evidence outside the jurisdictional boundaries of the court.
Article 294
Where the court in which the action is pending takes evidence prior to the oral-argument sessions, or the evidence is taken by the commissioned judge or the assigned judge, the court clerk shall make a transcript of such evidence-taking.
The provisions of Articles 212, 213, 213-1, and Articles 215 to 219 inclusive shall apply mutatis mutandis to the transcript provided in the preceding paragraph.
The transcript of the evidence-taking conducted by the commissioned judge shall be forwarded to the court in which the action is pending.
Article 295
Where the evidence is to be taken in a foreign country, the evidence-taking shall be entrusted to be conducted by the competent jurisdictional authorities of such country or the relevant R.O.C. ambassador/minister envoy/consul or other institution or organization in that country authorized to do so.
The evidence-taking conducted by a foreign authority shall take effect insofar as it is not contrary to the laws of the R.O.C. irrespective of the contravention, if any, with the laws of the country of such foreign authority.
Article 296
Evidence may be taken irrespective of the absence of either party or both parties.
Article 296-1
The court shall, before taking evidence, clarify to the parties the issues involved in the action.
The court shall examine the witnesses and the parties in person in a consecutive manner.
Article 297
The parties shall be directed to present argument on the outcome of evidence-taking.
Where the evidence is taken outside the court in which the action is pending, the parties shall state the outcome of such evidence-taking in the oral-argument sessions. Notwithstanding, the presiding judge may order the court clerk to read aloud the evidence-taking transcript or other documents instead.
Item 2 Examination of Witnesses
Article 298
The identity of a witness and the matters to be examined shall be specified when such witness is introduced.
Where there are two or more witnesses, they shall be introduced jointly.
Article 299
To summon a witness, the summons shall indicate the following matters:
1.The identity of the witness and the parties;
2.The hour/date when the witness shall appear and the place where he/she shall appear;
3.The sanctions to be imposed on the witness if he/she fails to appear;
4.The rights of the witness to claim daily fees and travel expenses; and
5.The court.
If the presiding judge considers that the witness cannot testify without preparation, the summons shall indicate the gist of the matters to be examined.
Article 300
Where a solider is summoned as a witness, the presiding judge shall at the same time notify his/her superior officer concerned to order such solider to appear.
Where the solider summoned cannot appear, the superior officer concerned shall notify the court of the reasons.
Article 301
Where an incarcerated person is summoned as a witness, the presiding judge shall at the same time notify the officer of the prison or place of detention concerned to escort such person or to assign staff to escort such person to appear.
The second paragraph of the preceding article shall apply mutatis mutandis to the case provided in the preceding paragraph.
Article 302
Except as otherwise provided by the laws, every person is under a general duty to testify in an action between others.
Article 303
Where a witness who has been legally summoned fails to appear without giving a justifiable reason, the court may by a ruling impose a fine not exceeding NTD 30,000.
Where a witness who has been fined in accordance with the provision of the preceding paragraph, and if summoned again still fails to appear, he/she may be again be fined not exceeding NTD 60,000 and may also be apprehended to appear.
The provisions of the Code of Criminal Procedure pertaining to the apprehension of a defendant shall apply mutatis mutandis to the apprehension of a witness. Where the witness is a solider, the apprehension shall be executed by the superior officer concerned requested to do so by a warrant.
An interlocutory appeal may be taken from a ruling imposing a fine upon a witness; the execution of such ruling shall be stayed pending such appeal.
Article 304
Where the witness is the President of the country, the examination shall be conducted at the place of his/her location.
Article 305
Where a witness cannot appear, or there exist other circumstances which make it necessary not to appear, the witness may be examined at the place of his/her location. The court may order both parties to make statements and record such statements in a pleading in conjunction with the witness before a notary where either a witness makes statements by referencing documents or materials, or the court considers it appropriate when taking into consideration the nature of the case and the situation of the witness.
A witness may, by consent of the parties, also make statements by pleadings outside the court.
If a statement is made in accordance with the provisions of the two preceding paragraphs, and if the court considers it necessary for the witness to explain his/her statements in the pleading, or if a party moves for conducting a necessary examination of the witness, the court may still summon the witness to appear to testify in person.
The court may examine a witness directly between the location of a witness and the court by using any available technological audio/visual device if the court considers it appropriate to do so.
When a witness makes statements by a pleading, he/she shall still sign the written oath, annex it to the pleading, have the same notarized by a notary and submit it to the court. Where the witness is examined via a technological device, he/she shall still sign a written oath before or after such examination
A witness may transmit the documents provided in the second paragraph, the third paragraph, and the preceding paragraph to the court via telefax or other technological devices, and documents so transmitted shall operate the same as those submitted in writing.
The Judicial Yuan shall prescribe regulations governing the examination of witnesses provided in the fifth paragraph, the written oath provided in the sixth paragraph, and the transmission of documents provided in the preceding paragraph.
Article 306
Where a witness is or was a public officer and is to be examined with regard to the matter which he/she is obliged to keep confidential by virtue of his/her duties, he/she shall be examined with the permission of his/her supervising officer.
The permission provided in the preceding paragraph may not be withheld except where a preliminary showing has been made that such examination will encumber national interests.
Article 307
A witness may refuse to testify in case of any of the following:
1. Where the witness is the spouse, former spouse, or the betrothed, or the witness is or was a relative by blood within the fourth degree or a relative by marriage within the third degree to a party;
2. Where the testimony of the witness will result in a direct property loss to himself/herself or anyone who has such relationship with him/her as provided in the preceding subparagraph;
3. Where the testimony of the witness will sufficiently expose to criminal prosecution or embarrassment such witness or anyone who has such relationship with him/her as provided in the first subparagraph or a person who relates to him/her by guardianship;
4. Where the witness is to be examined with regard to a matter which he/she is obliged to keep confidential in the course of performing his/her official duties or conducting business;
5. Where the witness cannot testify without divulging his/her technical or professional secrets.
Where the witness may be permitted to refuse to testify, the presiding judge shall so inform such witness before the examination or at the time when such case as provided in the preceding paragraph, if any, is known to the presiding judge.
Article 308
A witness may not refuse to testify on any of the following matters despite the existence of the situation provided in the first or the second subparagraph of the first paragraph of the preceding article:
1. The birth, death, marriage, or other matters relating to the identification of a person who cohabits or used to cohabit with the witness;
2. Property matters arising from a family relationship;
3. The existence and content of a juridical act known to him/her in the capacity of a witness; or
4. An act relating to the legal relation in dispute, which he/she conducted in the capacity of the predecessor in right or as an agent of a party.
Despite the existence of the circumstance provided in the fourth subparagraph of the first paragraph of the preceding article, a witness may not refuse to testify if he/she is relieved from the confidentiality obligation.
Article 309
Where a witness refuses to testify, he/she shall specify the reason and the facts giving rise to such refusal and make a preliminary showing thereof. Notwithstanding, the court may, in its discretion, order the witness to submit a written oath in lieu of making a preliminary showing.
A witness need not appear in the session if the witness has expressed his/her refusal to testify prior to the session designated for examination.
In the case provided in the preceding paragraph, the court clerk shall notify the parties of the fact of the witness's refusal to testify.
Article 310
The court in which the action is pending shall, after questioning the party who appears, rule on whether the witness's refusal to testify is justifiable.
An interlocutory appeal may be taken from the ruling provided in the preceding paragraph; the execution of the ruling shall be stayed pending such appeal.
Article 311
Where a witness refuses to testify without specifying the reason and the facts giving rise to his/her refusal, or continues to refuse to testify after the ruling denying his/her refusal has become final and binding, the court may by a ruling impose upon him/her a fine not exceeding NTD 30,000.
An interlocutory appeal may be taken from the ruling provided in the preceding paragraph; the execution of the ruling shall be stayed pending such appeal.
Article 312
The presiding judge shall order each witness to sign a written oath prior to examination. Notwithstanding, where it cannot be ascertained in advance that a witness will need to sign a written oath, such proceeding shall be conducted after examination.
Before the witness signs the written oath, the presiding judge shall inform the witness of his/her obligation to sign a written oath and of the penalty of perjury.
The provisions of the two preceding paragraphs do not apply to the case where a witness makes statements by pleadings.
Article 313
The witness shall indicate in his/her written oath signed before examination that he/she will tell the truth; where the witness signs the written oath after examination, he/she shall indicate that he/she has told the truth; in both of the previous cases, the witness shall indicate in the signed written oath that he/she has not in any way hidden the truth, qualified his/her answer without noting it, added any misleading statement, or diminished the truth, and that he/she is willing to be punished for perjury for any false statement given.
The witness shall read aloud the written oath; if he/she is unable to do so, the court clerk shall read it for him/her and explain the meaning.
The written oath must be signed by the witness; if he/she is unable to do so, the court clerk shall write his/her full name for him/her, make a note of such fact, and have the witness impress his/her seal or fingerprint.
Article 313-1
Where a witness makes statements by pleadings, the witness shall indicate in his/her signed written oath that he/she has told the truth and has not in any way hidden the truth, qualified his/her answer without noting it, added any misleading statement, or diminished the truth and that he/she is willing to be punished for perjury for any false statement given.
Article 314
Where a witness is under the age of sixteen or is mentally disabled to understand the meaning and the effect of a written oath, he/she shall not be ordered to sign a written oath.
The court may exempt a witness from signing a written oath if the witness is one of the following:
1.A person who may refuse to testify in accordance with the provisions of the first to the third subparagraphs inclusive of the first paragraph of Article 307, but does not do so;
2.An employee or cohabitant of a party;
3.A person who has direct interests in the outcome of the action.
Article 315
The provisions of Article 311 shall apply mutatis mutandis to cases where a witness refuses to sign a written oath.
Article 316
Witnesses shall be examined separately. Notwithstanding, where the presiding judge considers it necessary, he/she may order a witness to be confronted by another witness or a party.
A witness, without the permission of the presiding judge, may not leave the courthouse or other place of examination before the conclusion of the session.
Article 317
In examining a witness, the presiding judge shall first question his/her full name, age, occupation and domicile/residence; if necessary, the presiding judge shall also question the relationship between the witness and the parties and other matters with regard to the credibility of the witness.
Article 318
The presiding judge shall order a witness to state fully and consecutively the matter questioned.
A witness may not read aloud documents or make reference to his/her notes in lieu of making oral statements, except in the case where the presiding judge has permitted him/her to do so.
Article 319
In order to make a witness state clearly and fully, or to clarify the reasons why a witness learned of the facts, the presiding judge may conduct any necessary examination.
The associate judge, after informing the presiding judge, may examine a witness.
Article 320
A party may move the presiding judge to conduct a necessary examination of a witness or, after informing the presiding judge, conduct such examination himself/herself.
The examination provided in the preceding paragraph may be directed to matters concerning the witness's credibility.
In the examination provided in the two preceding paragraphs, the presiding judge may, on motion or its own initiative, limit or prohibit questions which are irrelevant to the disputed facts, repetitious, leading, insulting, or involving other inappropriate circumstances.
The court shall rule on an objection raised with regard to the limitation placed on or prohibition of the examination.
Article 321
The court may order a party to vacate the courtroom during a witness?testimony when it determines that a witness cannot make statements freely in front of a party. Notwithstanding, after the witness finishes his/her statements, the presiding judge shall call back the party and inform him/her of the nature of the statements.
Where the court determines that a witness cannot make statements freely in front of a specific person attending the session, it may order that person to vacate the courtroom when the witness makes statements.
Article 322
In examining a witness, the commissioned judge or the assigned judge has the same authority as the court and the presiding judge.
Article 323
A witness may claim the prescribed daily fees and travel expenses, except for those who are apprehended to appear, or refuse to sign a written oath or testify without giving a justifiable reason.
The claim provided in the preceding paragraph shall be made within ten days from the day following the completion of the examination of the witness.
An interlocutory appeal may be taken from a ruling on the claim provided in the first paragraph.
A witness's necessary travel expenses may be paid in advance upon request.
Item 3 Expert Testimony
Article 324
Except as otherwise provided in this Item, the provisions regarding examination of witnesses shall apply mutatis mutandis to expert testimony.
Article 325
The matter for which expert testimony is sought shall be specified in the motion for taking expert testimony.
Article 326
An expert witness shall be appointed by the court in which the action is pending and the number of expert witnesses shall also be determined by the court.
Before appointing an expert witness, the court may accord the parties an opportunity to be heard; where the parties have agreed on the designation of an expert witness, the court shall appoint such expert witness as agreed-upon by the parties, except where the court considers that such expert witness is manifestly inappropriate.
The court may replace an appointed expert witness.
Article 327
The provision of the preceding article shall apply mutatis mutandis to the taking of expert testimony conducted by a commissioned judge or assigned judge who has authority to take evidence, except where the court in which the action is pending has appointed an expert witness.
Article 328
The person who has special knowledge or experience needed for giving expert testimony or who has been commissioned by a government agency to perform the function of giving expert opinion is under a duty to give expert testimony in an action between others.
Article 329
No expert witness may be apprehended.
Article 330
Any person who falls within one of the cases provided in the first to the fifth subparagraphs inclusive of Article 32 cannot act as an expert witness, except where no other appropriate person may be appointed or such person has been designated by the parties by agreement.
Where an expert witness refuses to give expert testimony for whatever reason other than those provided in the first paragraph of Article 307, the court may relieve him/her from the duty to act as an expert witness if the court considers the reason given to be justifiable.
Article 331
A party may move for the rejection of an expert witness on the same grounds as for moving for the disqualification of a judge; however, the fact that an expert witness has acted as a witness or expert witness in the same action is not an appropriate reason.
Except in the case provided in the first paragraph of the preceding article, no party may move for the rejection of an expert witness after such expert witness has made statements or presented his/her written expert testimony with regard to the matter for which expert testimony is sought, unless the reason for rejection occurs or becomes known thereafter.
Article 332
A motion to reject an expert witness shall specify the supporting reasons to the court or the judge who appoints such expert witness.
A preliminary showing shall be made with regard to the reasons provided in the preceding paragraph and the facts provided in the proviso of the second paragraph of the preceding article.
Article 333
An interlocutory appeal may be taken from a ruling denying the motion for rejection of an expert witness; a ruling granting such motion is not reviewable.
Article 334
Before giving expert testimony, an expert witness shall sign a written oath indicating that he/she will give just and truthful expert testimony and is willing to be punished for perjury if he/she gives any false statement.
Article 335
The court in which the action is pending, the commissioned judge, or the assigned judge may order an expert witness to state his/her opinion by presenting written expert testimony.
In the case provided in the preceding paragraph, the written oath signed in accordance with the provision of the preceding article may be submitted along with the written expert testimony.
Where the written expert testimony needs to be explained, the expert witness may be ordered to appear to provide an explanation.
Article 336
Where there are multiple expert witnesses, they may be ordered to state their opinions jointly or separately.
Article 337
Where the material needed for giving expert testimony is held by the court, the expert witness shall be informed that he/she may use such material. If necessary, the court may, on motion or its own initiative, order a witness or a party to provide material needed by the expert witness for preparing expert testimony.
For the purpose of giving expert testimony, an expert witness may move to subpoena tangible evidence or to examine a witness or a party and may, with the court's permission, examine a witness or a party himself/herself; a party may also be heard on such matters.
Article 338
An expert witness may claim reasonable compensation in addition to the prescribed daily fees and travel expenses.
Upon the request of the expert witness, the expenses needed for giving expert testimony may be paid in advance.
Article 339
The provisions regarding the examination of witnesses shall apply to the examination of persons who have past factual knowledge by reason of special knowledge.
Article 340
Where the court considers it necessary, the court may request any agency, organization, or a foreign agency or organization to give expert testimony or to review the expert testimony given. Where an explanation is needed, such explanation shall be provided by the person appointed by such agency or organization.
Except for Articles 334 and 339, the provisions of this Item regarding expert witness testimony shall apply mutatis mutandis to the situations provided in the preceding paragraph.
Item 4 Documentary Evidence
Article 341
A document must be produced when it is identified to be introduced as documentary evidence.
Article 342
Where the document identified to be introduced as documentary evidence is in the opposing party's possession, a party shall move the court to order the opposing party to produce such document.
The motion provided in the preceding paragraph shall specify the following matters:
1. The identification of document requested to be produced;
2. The disputed fact to be proved by such document;
3. The content of such document;
4. The fact that such document is in the opposing party's possession; and
5. The reason why the opposing party has a duty to produce such document.
Where there exists manifest difficulty in specifying the matters provided in the first and the third subparagraphs of the preceding paragraph, the court may order the opposing party to provide necessary assistance.
Article 343
Where the court considers that the disputed fact is material and that the motion is just, it shall order the opposing party to produce the document by a ruling.
Article 344
A party has the duty to produce the following documents:
1. Documents to which such party has made reference in the course of the litigation proceeding;
2. Documents which the opposing party may require the delivery or an inspection thereof pursuant to the applicable laws;
3. Documents which are created in the interests of the opposing party;
4. Commercial accounting books;
5. Documents which are created regarding matters relating to the action.
Where the content of a document provided in the fifth subparagraph of the preceding paragraph involves the privacy or business secret of a party or a third person and the resulting disclosure may result in material harm to such party or third person, the party may refuse to produce such document. Notwithstanding, in order to determine whether the party has a justifiable reason to refuse the production of the document, the court, if necessary, may order the party to produce the document and examine it in private.
Article 345
Where a party disobeys an order to produce documents without giving a justifiable reason, the court may, in its discretion, take as the truth the opposing party's allegation with regard to such document or the fact to be proved by such document.
In the case provided in the preceding paragraph, the parties shall be accorded an opportunity to present their arguments.
Article 346
Where a document identified to be introduced as documentary evidence is in a third person's possession, a party may move the court either to order such third person to produce such document or to designate a period of time within which the party who intends to introduce it as evidence shall produce such document.
The provisions of the second paragraph and the third paragraph of Article 342 shall apply mutatis mutandis to the motion provided in the preceding paragraph.
A preliminary showing shall be made with regard to the fact that the document is in a third person's possession and the reason why the third person has the duty to produce such document.
Article 347
Where the court considers that the disputed fact is material and that the motion is just, it may order, by a ruling, the third person to produce the document or to designate a period of time within which the party who intends to introduce it as evidence shall produce such document.
Before making the ruling provided in the preceding paragraph, the court shall accord the third person an opportunity to be heard.
Article 348
With regard to a third person's duty to produce documents, the provisions of Articles 306 to 310 inclusive, the second to the fifth subparagraphs inclusive of the first paragraph and the second paragraph of Article 344 shall apply mutatis mutandis.
Article 349
Where a third person disobeys an order to produce documents without giving a justifiable reason, the court may by a ruling impose a fine not exceeding NTD 30,000; where necessary, the court may also by a ruling order compulsory measures to be taken.
The provisions of the Code of Compulsory Execution relating to the execution of a claim for the surrender of objects shall apply mutatis mutandis to the execution of the compulsory measures provided in the preceding paragraph.
An interlocutory appeal may be taken from the ruling provided in the first paragraph; the execution of the ruling imposing a fine shall be stayed pending such appeal.
Article 350
The court may subpoena a document which is in a government agency's custody or in a public officer's possession irrespective of whether such government agency or public officer has the duty to produce such document.
The provision of Article 306 shall apply mutatis mutandis to the case provided in the preceding paragraph. Notwithstanding, in order to determine whether the agency or officer has a justifiable reason to refuse the production, the court, if necessary, may order such agency or official to produce the document and examine it in private.
Article 351
A third person may claim its expenses for producing documents, except in the case provided in the first paragraph of Article 349.
The provisions of the second paragraph to the fourth paragraph inclusive of Article 323 shall apply mutatis mutandis to the case provided in the preceding paragraph.
Article 352
A public document shall be produced in its original copy or in a notarized written copy or photocopy form.
A private document shall be produced in its original copy. Notwithstanding, where only the effect or explanation of such document is disputed, it may be produced in a written copy or photocopy form.
Where the court considers it necessary to serve the document provided in the two preceding paragraphs, it may order the party to provide written copies or photocopies of the document.
Article 353
The court may order the production of the original copy of a document.
Where the order for production of the original copy is disobeyed or the original copy cannot be produced, the court may determine the evidentiary weight of the written copy or photocopy of the document as produced by free evaluation.
Article 354
Where the court in which the case is pending makes the commissioned judge or the assigned judge take documentary evidence, it may specify the matters to be indicated in the transcript and the documents to be annexed.
Article 355
A document, which by formality and tenor may be considered a public document, is presumed to be authentic.
Where there is doubt with regard to the authenticity of a public document, the court may request the government agency or public officer in whose name such document is issued to make a statement.
Article 356
The court, in its discretion, can determine the authenticity of a foreign public document. Notwithstanding, where the document has been certified by the R.O.C. ambassador/minister envoy/consul or other authorized institution in that country, it shall be presumed to be authentic.
Article 357
Except in the case where the opposing party does not dispute the authenticity of the document, the party who introduces a private document shall prove its authenticity.
Article 357-1
Where a party or his/her agent in bad faith disputes the authenticity of an authentic document, the court may impose a fine not exceeding NTD 30,000 by a ruling.
An interlocutory appeal may be taken from the ruling provided in the preceding paragraph; the execution of such ruling shall be stayed pending such appeal.
If the party or agent provided in the first paragraph admits to the authenticity of the document before the oral argument in the second instance is concluded, the court in which the case is pending may revoke the original ruling in its discretion.
Article 358
A private document is presumed to be authentic if it is signed by the person in whose name the document is issued or by his/her agent; or is imprinted with the seal or fingerprint of such person or agent; or bears the notarization by the court or a notary.
Where a party states that he/she has no knowledge or memory with regard to whether he/she signed or impressed his/her seal or fingerprint in the document, the court may in its discretion, determine whether such document should be presumed to be authentic.
Article 359
The authenticity of a document may be proved by comparing the handwriting or the impression of seals.
The court may order the parties or a third person to produce documents which may be used for making the comparison.
The provisions regarding inspection shall apply to any comparison of handwriting or seal impressions.
Article 360
Where there is no suitable handwriting available for comparison, the court may order the person in whose name the document is issued to write the words designated by the court for purposes of comparison.
Where the person in whose name a document is issued disobeys the order provided in the preceding paragraph without giving a justifiable reason, the provisions of Article 345 or Article 349 shall apply mutatis mutandis.
The words written for purposes of comparison shall be annexed to the transcript; the same applies to other documents which are produced for purposes of comparison and need not be returned.
Article 361
Where the original copy of a document produced must be returned, a written copy, photocopy, or excerpt copy thereof shall be included in the dossier.
Where the original copy of a document as produced is suspected to be forged or altered, it shall be kept by the court before the conclusion of the action, except where it shall be handed over to other government agencies.
Article 362
(Repealed.)
Article 363
The provisions of this Item shall apply mutatis mutandis to non-documentary objects which operate as documents.
Where the content of a document or an object provided in the preceding paragraph is accessible only through technological devices or it is practically difficult to produce its original version, a writing representing its content along with a proof of the content represented as being true to the original will be acceptable.
The court may, if necessary, order an explanation of the document, object, or writing representing the content thereof provided in the two preceding paragraphs.
Item 5 Inspection
Article 364
The object to be inspected and the matter for which the inspection is sought shall be specified in a motion for inspection.
Article 365
The court in which the action is pending, the commissioned judge, or the assigned judge may order an expert witness to participate in the inspection.
Article 366
Where necessary, the inspection shall be represented in drawings or pictures which shall be annexed to the transcript; tapes, videotapes, or other relevant objects in connection with the inspection may be annexed to the dossier.
Article 367
The provisions of Article 341, the first paragraph of Article 342, Articles 343 to 345 inclusive, the first paragraph of Article 346, Articles 347 to 351 inclusive and Article 354 shall apply mutatis mutandis to inspection.
Item 5-1 Examination of Parties
Article 367-1
The court may examine the parties on its own initiative when it considers it necessary.
In the case provided in the preceding paragraph, the presiding judge may, either before or after the examination, order the examined party to sign a written oath, and in such case the provisions of the second paragraph of Article 312, Article 313, and the first paragraph of Article 314 shall apply mutatis mutandis.
Where a party refuses to state or sign a written oath without giving a justifiable reason, the court may take such refusal into consideration in finding the truth of the disputed fact.
Where a party has been ordered by the court to appear in person and he/she fails to appear without giving a justifiable reason, he/she shall be deemed to have refused to testify, except in cases where the summons is served by deposit or constructive notice.
The summons ordering a party to appear in person shall indicate the consequences of a failure to appear as provided in the preceding paragraph and a refusal to state or sign a written oath as provided in the third paragraph.
The provisions of the five preceding paragraphs shall apply mutatis mutandis to the statutory agents of the parties.
Article 367-2
Where a party, after signing a written oath in accordance with the provision of the preceding article, intentionally makes false statements which will affect the outcome of decision, the court by a ruling may impose a fine not exceeding NTD 30,000.
An interlocutory appeal may be taken from the ruling provided in the preceding paragraph; the execution of such ruling shall be stayed pending such appeal.
Where the party or statutory agent provided in the first paragraph confesses that his/her statements are false before the conclusion of the oral argument in the second instance, the court in which the action is pending may, in its discretion, revoke the original ruling.
Article 367-3
The provisions of Article 300, Article 301, Article 304, the first paragraph and the fifth paragraph of Article 305, Article 306, the third to the fifth subparagraphs inclusive of the first paragraph and the second paragraph of Article 307, the second paragraph of Article 308, Article 309, Article 310, the first paragraph of Article 316 and Articles 318 to 322 inclusive shall apply mutatis mutandis to the examination of parties or their statutory agents.
Item 6 Preservation of evidence
Article 368
Where it is likely that evidence may be destroyed or its use in court may be difficult, or with the consent of the opposing party, the party may move the court for perpetuation of such evidence; where necessary, the party who has legal interests in ascertaining the status quo of a matter or object may move for expert testimony, inspection or perpetuation of documentary evidence.
The perpetuation of evidence provided in the preceding paragraph shall be governed by the provisions of this Section relating to evidence-taking.
Article 369
Where the action has been initiated, the motion for perpetuation of evidence shall be made in the court in which the case is pending; where the action has not been initiated, such motion shall be made in the district court at the place either where the person to be examined domiciles/resides or where the tangible evidence is located.
In urgent cases, a motion for perpetuation of evidence may be made, even if the action has been initiated, in the district court provided in the preceding paragraph.
Article 370
A motion for perpetuation of evidence shall specify the following matters:
1.The identity of the opposing party or the reason if the opposing party cannot be identified;
2.The evidence to be perpetuated;
3.The disputed fact to be proved by such evidence; and
4.The reason why the evidence must be perpetuated.
A preliminary showing shall be made with regard to the reasons provided in the first to the fourth subparagraphs inclusive of the preceding paragraph.
Article 371
The court where the motion for perpetuation of evidence was filed shall rule on the motion.
A ruling granting the perpetuation of evidence shall specify the evidence and any disputed fact to be proved by such evidence.
An appeal may be taken from a ruling denying the motion for the perpetuation of evidence; a ruling granting the perpetuation of evidence is not reviewable.
Article 372
Where the court considers it necessary, the court may, on its own initiative, render a ruling to perpetuate evidence pending an action.
Article 373
The date designated for taking evidence shall be notified to the movant; except in cases of urgency or the existence of circumstances which will obstruct the perpetuation of evidence, the opposing party shall also be notified by being served with the motion pleading or transcript and the ruling prior to the designated date.
Parties who appear on the date provided in the preceding paragraph may be ordered to state their opinions.
Article 374
Where the opposing party either is unknown or cannot be notified prior to the date designated for taking evidence, the court may appoint a special representative for such party for purposes of protecting his/her rights with regard to the evidence-taking.
The provisions of the third paragraph to the fifth paragraph inclusive of Article 51 shall apply mutatis mutandis to the special representative provided in the preceding paragraph.
Article 375
The evidence-taking transcript shall be kept by the court which orders the perpetuation of evidence. Notwithstanding, where the action has been initiated in another court, the transcript should be forwarded to such court.
Article 375-1
Where a party, in the oral-argument sessions, moves for the reexamination of a witness who has been examined in the perpetuation of evidence proceeding, the court shall examine such witness, except where the court considers it unnecessary.
Article 376
Except as otherwise provided, the expenses for preserving evidence shall be included in the litigation expenses, and the responsibility for those expenses shall be decided accordingly.
Article 376-1
Before an action is initiated, when both parties appear on the date designated for the perpetuation of evidence and reach an agreement with regard to the claim, the facts, the evidence or other matters, then the court shall make a note of such agreement in the transcript.
Where the agreement provided in the preceding paragraph is reached with regard to the claim, the court shall also make a note in the transcript of the agreed legal responsibility and the circumstances under which the dispute arose. Where a party shall tender a specific performance according to the agreement, the transcript may serve as a writ of execution.
Where an agreement has been reached, the authenticated copy of the transcript shall be served upon parties within ten days.
The provisions of Articles 212 to 219 inclusive shall apply mutatis mutandis to the transcript provided in the preceding paragraph.
Article 376-2
Where the action is not initiated after a thirty-day period has lapsed from the day following the conclusion of the perpetuation of evidence proceeding, the court may, on motion by an interested person, release the document or object retained for purposes of its perpetuation or take other appropriate measures.
Where the action is not initiated within the period provided in the preceding paragraph, the court may, on motion by an interested person, order the movant to bear the expenses for the proceeding.
An appeal may be taken from the ruling provided in the two preceding paragraphs.
Section 4 Settlement
Article 377
The court may seek settlement at any time irrespective of the phase of the proceeding reached. A commissioned judge or an assigned judge is also authorized to do so.
A third person may, with the court's permission, participate in a settlement. Where the court considers it necessary, the court may also instruct a third person to participate in the settlement.
Article 377-1
Where both parties are close to agreeing on a settlement, they may move the court, the commissioned judge or the assigned judge for a settlement proposal within the scope specified by the parties.
In making the motion provided in the preceding paragraph, the parties shall submit pleadings to the court specifying the scope within which the settlement proposal may be designed and a statement to the effect that they are willing to adhere to the settlement proposed.
The court, the commissioned judge, or the assigned judge shall take all circumstances into consideration and follow the principle of equity when designing a settlement proposal in accordance with the provision of the first paragraph; and it shall notify the parties of the settlement proposal at the relevant court session and make a note of such proposal in the transcript or have the settlement proposal served upon the parties.
A party who has been notified or served in accordance with the provision of the preceding paragraph cannot withdraw the motion provided in the first paragraph.
Settlement shall be deemed reached upon the notification or service upon all parties effected in accordance with the provision of the third paragraph.
A third person who participates in settlement in accordance with the provision of the second paragraph of the preceding article may join the parties to make the motion provided in the first paragraph, and in such case the provisions of the four preceding paragraphs shall apply.
Article 377-2
Where there is a prospect for the parties to reach settlement, but a party has difficulty to appear in person, the court, the commissioned judge, or the assigned judge may, on motion or on its own initiative, make a settlement proposal.
For purposes of the motion provided in the preceding paragraph, it is advisable to specify the scope within which the court may make the settlement proposal.
The settlement proposal provided in accordance with the provision of the first paragraph shall be served upon all parties and the parties shall be ordered to express within a designated period of time whether such proposal is accepted; if both parties express acceptance within the designated period, settlement is deemed reached according to the settlement proposal.
The expression of acceptance provided in the preceding paragraph may not be withdrawn.
Article 378
For purposes of seeking settlement or designing a settlement proposal, the parties or their statutory agents may be ordered to appear in person.
Article 379
Where settlement is reached, a settlement transcript shall be made.
The provisions of Articles 212 to 219 inclusive shall apply mutatis mutandis to the transcript provided in the preceding paragraph.
Within ten days from the day when settlement is reached, an authenticated copy of the settlement transcript shall be served upon the parties and any third party who participates in the settlement.
Where settlement is deemed to be reached in accordance with the provisions of Article 377-1 or Article 377-2, the parties and any third party who participates in settlement shall be notified in writing of the terms of the settlement and the date when the settlement was reached. Such written notice shall be deemed to be the settlement transcript.
Article 380
A final settlement shall have the same effect as a final judgment with binding effect.
Where grounds exist for nullifying or revoking the settlement, a party may move for continuing the proceeding of the action.
If a party requests a continuance of the proceedings, the party shall pay the court fees that were returned to him/her in accordance with the provisions of the second paragraph of Article 84.
The provisions prescribed in Articles 500 to 502 and Article 506 shall apply mutatis mutandis to the events as described in the second paragraph.
The provisions as prescribed in Part V-1 Third-Party Opposition Proceeding shall apply mutatis mutandis to the events as described in the first paragraph.
Article 380-1
With regard to a claim not raised by the parties in the action or with a third person's participation, where settlement is reached such settlement may by served as a writ of execution.
Section 5 Judgments
Article 381
Where an action is mature for decision, the court shall enter a final judgment.
Where one of several actions ordered to be argued jointly is mature for decision, a final judgment shall be entered with regard to such action first, except in cases to which the provision of the third paragraph of Article 205 shall apply.
Article 382
Where part of a claim or one of several claims raised in the action is mature for decision, the court may enter a partial final judgment. The same applies to cases where either the plaintiff's claim or defendant's counterclaim is mature for decision.
Article 383
Where one of the grounds of attack or defense presented separately is mature for decision, the court may enter an interlocutory judgment. The same applies to cases where the ground and amount of a claim are both disputed and the court finds the ground just.
Where an interlocutory issue relating to the litigation proceedings is mature for a decision, the court may first enter a ruling on such issue.
Article 384
Where a party has either abandoned or admitted the claim during oral argument, the court shall, based on such abandonment or admission, enter a judgment against such party.
Article 384-1
The gist of the facts and the reasons for an interlocutory judgment and those of a judgment entered based on a party's abandonment or admission of the claim may be indicated jointly.
Without producing a separate written judgment, the court, upon announcing a judgment, may order that the oral-argument transcript indicate the matter decided and the gist of the reasons for the judgment entered based on a party's abandonment or admission of the claim. The service of an authenticated or extracted copy of such transcript will have the same effect as the service of an authenticated copy of the written judgment.
The provision of Article 230 shall apply mutatis mutandis to the transcript provided in the preceding paragraph.
Article 385
Where one of the parties fails to appear at the oral-argument session, the court may, on the appearing party's motion, enter a default judgment based on the appearing party's arguments; where the party who fails to appear is summoned and fails to appear again, the court may also on its own initiative enter a default judgment based on the appearing party's arguments.
The provision of the preceding paragraph shall also apply to cases where the claims must be adjudicated jointly with regard to all co-parties and one of the co-parties appears in the oral-argument session.
In entering a judgment provided in the preceding paragraph, the court shall take into consideration any argument made, evidence-taking conducted, or the preparatory pleading submitted by the party who fails to appear; if necessary, the evidence stated by the party who fails to appear shall also be taken.
Article 386
In case of any of the following, the court shall deny the motion provided in the preceding article by a ruling and postpone the oral-argument session:
1. Where the party who fails to appear has not been legally summoned within a reasonable period of time;
2. Where there is reason to believe that the failure of a party to appear is due to force majeure or other justifiable reasons;
3. Where the appearing party cannot provide necessary proof for the matters which the court shall investigate on its own initiative;
4. Where the statements, facts or evidence presented by the appearing party have not been notified to the opposing party within a reasonable period of time.
Article 387
Where a party refuses to present any argument in the oral-argument session, such refusal shall be deemed a failure to appear.
Article 388
Except as otherwise provided, the court may not enter any judgment on claims which are not raised by parties.
Article 389
The court shall on its own initiative declare a provisional execution to the following judgments:
1. A judgment which is entered based on the defendant's admission of the claim;
2. (Repealed.)
3. A judgment against the defendant on an action entered under summary proceeding in accordance with the provisions of the first to the fourth paragraphs inclusive of Article 427;
4. (Repealed.)
5. A judgment which orders a performance, the price or value of which is not more than NT$ 500,000.
The provisions with regard to the accounting of the claim's value shall apply mutatis mutandis to the accounting of the value provided in the fifth subparagraph of the preceding paragraph.
The provision of the seventh paragraph of Article 427 shall apply mutatis mutandis to the price or value provided in the fifth subparagraph of the first paragraph.
Article 390
In an action concerning proprietary rights, where the plaintiff makes a preliminary showing that he/she will suffer damage which is difficult to compensate for or calculate without execution of the final judgment before it becomes final with binding effects, the court shall on the plaintiff's motion declare provisional execution.
Where the plaintiff makes a motion for provisional execution by stating that he/she is willing to provide security before the execution is performed, the court shall, despite the absence of the preliminary showing provided in the preceding paragraph, designate a reasonable amount of security and then declare the judgment to be provisionally executed upon provision of such security.
Article 391
Where the defendant makes a preliminary showing that he/she will suffer irreparable harm from the provisional execution, the court shall, in the case provided in the Article 389, on the defendant's motion declare that no provisional execution shall be granted and, in the case provided in the preceding article, declare that the plaintiff's motion for provisional execution is denied.
Article 392
The court may declare that the judgment may not be provisionally executed unless the plaintiff provides security in advance.
The court may, on motion or on its own initiative, declare that the defendant may be exempted from the provisional execution if he/she provides security in advance or lodge the object claimed.
The security or the object lodged for purposes of being exempted from provisional execution in accordance with the provision of the preceding paragraph shall be provided before the object of execution is auctioned, sold, or surrendered.
Article 393
Any motion with regard to provisional execution shall be made before the oral argument is concluded.
The decision with regard to provisional execution shall be indicated in the main text of the decision.
Article 394
The provision of Article 233 shall apply mutatis mutandis to cases where the court fails to declare provisional execution which it shall declare on its own initiative or disregards a motion for provisional execution or exemption of provisional execution.
Article 395
Where a judgment is entered to reverse or to amend the judgment on the merits to which provisional execution is declared, or the declaration of provisional execution itself, such declaration of provisional execution shall be inoperative to the extent of such reversal or amendment upon the announcement of such judgment.
Where the court reverses or amends the judgment on the merits to which provisional execution is declared, it shall, pursuant to the defendant's claim, order the plaintiff to return the performance effected by the defendant and compensate for the damage that resulted from the provisional execution or exemption of the provisional execution by the judgment entered; where the defendant does not make such claim, the court shall inform him/her that he/she may do so.
Where only the declaration of provisional execution is reversed or amended, the provision of the preceding paragraph shall apply to the subsequent judgment which reverses or amends the judgment on the merits.
Article 396
Where the performance ordered by a judgment is of the nature that it cannot be effectuated within a short period of time, or after taking into consideration the defendant's condition and the plaintiff's interest, the court may reasonably extend the time period within which such performance shall be effectuated or permit performance by installment of the judgment entered. The same shall apply to the case where the plaintiff has given his/her consent.
Where the court permits performance by installment in accordance with the provision of the preceding paragraph, all subsequent installments of performance shall become due upon defendant's default of performance of an installment.
The time within which performance shall be effectuated starts to run from the time when the final judgment becomes binding or the final judgment to which provisional execution is declared is served upon the defendant.
Where the court extends the time period of performance or permits performance by installment, the parties shall be accorded an opportunity to present their arguments before the decision is rendered.
Article 397
Where the performance ordered by a final and binding judgment has not been effectuated, and a change of circumstance after the conclusion of the oral argument renders such performance manifestly unfair, one of the parties may reinitiate an action to claim that the performance or other effects ordered by the original judgment shall be amended insofar as no remedy provided by other legal proceedings is available.
The provision of the preceding paragraph shall apply mutatis mutandis to settlement, mediation, or anything with the same effect as a final and binding judgment.
Article 398
A final judgment becomes binding upon the expiration of the period of time for taking an appeal from a judgment. Notwithstanding, a timely appeal taken from a final judgment in conformity with the law shall prevent that judgment from becoming binding.
A final judgment from which no appeal may be taken becomes binding upon its announcement, or, if it is not announced, upon its publication.
Article 399
A party may move to the court for issuing a certificate to the effect that the judgment has become final and binding.
The certificate to the effect that the judgment has become final and binding shall be issued by the court of the first instance. Notwithstanding, where the dossier is possessed by a superior court, such superior court shall issue the certificate.
The certificate to the effect that the judgment has become final and binding shall be issued within seven days after the motion is made.
The provisions of the three preceding paragraphs shall apply mutatis mutandis to the certificate to the effect that the ruling has become final and binding.
Article 400
Except as otherwise provided, res judicata exists as to a claim adjudicated in a final judgment with binding effect.
Where a demand of offset has been adjudicated, res judicata exists as to the offset amount to be applied for offset as demanded.
Article 401
In addition to all parties, a final and binding judgment is binding on a person who becomes a party's successor after the initiation of the action and on a person who possesses the claimed object for the parties or their successors.
A final and binding judgment to which a party has acted as the plaintiff or the defendant for another person is also binding on such other person.
The provisions of the two preceding paragraphs shall apply mutatis mutandis to the declaration of provisional execution.
Article 402
A final and binding judgment rendered by a foreign court shall be recognized, except in case of any of the following circumstances:
1. Where the foreign court lacks jurisdiction pursuant to the R.O.C. laws;
2. Where a default judgment is rendered against the losing defendant, except in the case where the notice or summons of the initiation of action had been legally served in a reasonable time in the foreign country or had been served through judicial assistance provided under the R.O.C. laws;
3. Where the performance ordered by such judgment or its litigation procedure is contrary to R.O.C. public policy or morals;
4. Where there exists no mutual recognition between the foreign country and the R.O.C.
The provision of the preceding paragraph shall apply mutatis mutandis to a final and binding ruling rendered by a foreign court.
CHAPTER II MEDIATION PROCEEDING
Article 403
Except in cases provided in the subparagraphs of the first paragraph of Article 406, the following matters shall be subject to mediation by the court before an action is initiated:
1. Disputes arising from a relationship of adjacency between real property owners or superficiaries, or other persons using the real property;
2. Disputes arising from the determination of boundaries or demarcation of real property;
3. Disputes among co-owners of real property arising from the management, disposition, or partition of a real property held in undivided condition;
4. Disputes arising from the management of a building or of a common part thereof among the owners of the dividedly-shared title or persons using the building;
5. Disputes arising from an increment or reduction/exemption of the rental of real property;
6. Disputes arising from the determination of the term, scope and rental of a superficies;
7. Disputes arising from a traffic accident or medical treatment;
8. Disputes arising from an employment contract between an employer and an employee;
9. Disputes arising from a partnership between the partners, or between the undisclosed partners and the nominal business operator;
10. Disputes arising from proprietary rights amongspouses, lineal relatives by blood, collateral relatives by blood within the fourth degree of relationship, collateral relatives by marriage within the third degree of relationship, or head of the house or members of the house;
11. Other disputes arising from proprietary rights where the price or value of the object in dispute is less than NT$ 500,000.
The Judicial Yuan may, where necessary, order the amount provided in the eleventh subparagraph of the preceding paragraph to be reduced to NT$ 250,000 or increased to NT$ 750,000.
Article 404
In matters not provided in the preceding paragraph, a party may apply for mediation before initiating the relevant action.
In cases where the parties have agreed to refer their dispute to court mediation before initiating the relevant action, an action initiated by one party shall be deemed an application for mediation by that party upon the objection of the opposing party. Notwithstanding, where the parties have proceeded orally on the merits, no such objection may be raised.
Article 405
The mediation shall be initiated on a party's application.
The application provided in the preceding paragraph shall specify the legal relation in dispute with a description of the dispute. The original copy or a photocopy of the documentary evidence, if any, shall be produced.
The court having jurisdiction over an application for mediation shall be determined in accordance with the provisions of Section 1, Chapter I of Part I which shall apply mutatis mutandis.
Article 406
In case of any of the following, a court may by a ruling immediately dismiss the application for mediation:
1. Where, according to the nature of the legal relation, the status of the parties, or other circumstances, the mediation is considered infeasible or plainly and manifestly unnecessary, or there is clearly no prospect of a successful mediation;
2. Where mediation by another legally authorized mediatory agency has been sought with no successful result;
3. Where the dispute arises from negotiable instruments;
4. Where the dispute is raised by a counterclaim;
5. Where the notification to be served upon the opposing party should be effectuated either by constructive notice or in a foreign country; or
6. Where the dispute arises from a claim by a financial institution based upon a loan contract or credit card contract.
The ruling provided in the preceding paragraph is not reviewable.
Article 406-1
A summary proceeding court judge shall conduct the mediation proceeding. However, cases that were transferred in accordance with the provisions of the first paragraph of Article 420-1 may be presided over by the original court judge, commissioned judge, or assigned judge.
The mediation shall be initiated in advance by one to three mediators appointed by the judge.The judge will appear in such mediation session when the mediation has reached a stage with prospect shown for a successful mediation or the circumstances require the judge's presence.Notwithstanding, mediation may be conducted immediately by the judge upon the parties agreement or where the judge considers appropriate.
In cases where a party has objected to any of the appointed mediators provided in the preceding paragraph, or where the parties have agreed to appoint other appropriate persons, the judge may re-appoint or appoint such persons as agreed-upon by the parties.
Article 406-2
The district court shall prepare a list of candidates within its jurisdictional boundaries who are suitable to be appointed and act as mediators. The Judicial Yuan shall prescribe the number, qualification, term of office, and the appointment or dismissal of such candidates and other relevant matters.
A judge may, where he/she considers it necessary to do so, appoint persons to act as mediators irrespective of the list provided in the preceding paragraph.
Article 407
The judge shall designate the mediation session on his/her own initiative. The subsequent mediation session may be designated by the chief mediator or, absent a chief mediator, by the authorized mediator.
The provisions of Article 156 and Article 159 shall apply mutatis mutandis to a judge's designation of a mediation session.
The pleading for the mediation application or the court record of an oral application shall be served upon the opposing party along with the notice of a mediation session.
The notice provided in the preceding paragraph shall bear a note on the legal effect of a failure to appear.
Article 407-1
Where the mediation is conducted by a mediator, its proceeding shall be directed by such mediator. Where there are two or more mediators, the judge shall appoint one as the chief mediator to direct the proceeding.
Article 408
The judge may, where necessary, order the parties or their statutory agents to appear in person at the mediation session. Where necessary, the mediators may request the judge to issue such an order.
Article 409
In cases where a party has failed to appear at the mediation session without just cause, the court may by a ruling impose a fine not exceeding NTD 30,000 on such party. The same principle shall apply even if the agent of a party has appeared but the party disobeys the order provided in the preceding article without giving a justifiable reason.
An appeal may be taken from the ruling provided in the preceding paragraph; the execution of the ruling shall be stayed pending such appeal.
Article 409-1
For the purpose of the mediation, the court may, on a party's motion, prohibit the opposing party from altering the status quo or disposing of the object in dispute, or order such party to perform or refrain from performing specific acts. Where necessary, the court may order the movant to provide a security.
No appeal may be taken from the ruling on the motion provided in the preceding paragraph.
The court shall, before taking the measures provided in the first paragraph, accord the parties an opportunity to be heard, except in cases where the court considers it inappropriate to do so or the party has failed to present any statement after being so notified. The measures provided in the first paragraph cannot be used as a writ of execution and shall be inoperative upon conclusion of the mediation proceeding.
In cases where a party has disobeyed the order for the measures provided in the first paragraph without giving a justifiable reason, the court may by a ruling impose on such party a fine not to exceed NTD 30,000.
An appeal may be taken from the ruling provided in the preceding paragraph; the execution of the ruling shall be stayed pending such appeal.
Article 410
The mediation proceeding shall be conducted in a courtroom or, where necessary, at another appropriate place. The mediators shall obtain the judge's permission in order to conduct the mediation proceeding at another appropriate place.
The mediation provided in the preceding paragraph may be conducted without being open to the public.
Article 410-1
In cases where the mediators find the existence of one of the circumstances provided in the subparagraphs of the first paragraph of Article 406, they shall report such fact to the judge for disposition.
Article 411
The mediators may receive daily fees, travel expenses, and appropriate compensation for conducting the mediation. The Judicial Yuan shall prescribe the accounting and the rates of such expenses and compensation.
The daily fees, travel expenses, and compensation provided in the preceding paragraph shall be borne by the national treasury.
Article 412
A third person having an interest in the subject matter of the mediation may, with the permission of the judge, intervene in the mediation proceeding. The judge may notify the third party of the mediation proceeding and order him/her to intervene.
Article 413
For purposes of clarifying the relationships and the issues in dispute, the parties or persons who have the relevant special knowledge/experience or who know the whole story about the subject matter, or other interested persons may be heard, and an on-site inspection or inspection of the object of mediation may be conducted during the mediation process. The judge may take evidence where necessary.
Article 414
The mediation shall be conducted peacefully and sincerely. Appropriate mediation/guidance shall be provided to the parties. An appropriate proposal should be recommended with a view to a fair and amicable resolution acceptable to the parties.
Article 415
(Repealed.)
Article 415-1
In the mediation of disputes over proprietary rights, with the consent of both parties, the mediators may, in their discretion, propose the terms of mediation.
Except as otherwise agreed-upon by the parties, the terms of a mediation provided in the preceding paragraph shall be determined by the majority of the mediators.
Where the mediators are unable to determine the proposed terms of the mediation in accordance with the preceding paragraph, the judge may, with the consent of both parties, determine the proposed terms or designate another mediation session or deem the mediation unsuccessful.
The terms of the mediation proposed by the mediators shall be made either in a writing bearing the date, or shall be indicated in the mediation proceeding transcript by the court clerk, signed by the mediators, and forwarded to the judge for review and approval. After the judge approves the proposed terms, the mediation shall be deemed successful.
The writing of the approved proposed terms of the mediation provided in the preceding paragraph shall serve as the mediation proceeding transcript.
Where the judge proposes the mediation terms, the mediation shall be deemed successful upon entry of such terms in the mediation proceeding transcript by the court clerk.
Article 416
A successful mediation is reached upon the agreement of the parties.A successful mediation shall take the same effect as a settlement in litigation.
Where grounds exist for nullifying or revoking the mediation, the party may initiate an action for a nullification declaration or for revoking the mediation in the original court.
In the case provided in the preceding paragraph, the mediation applicant may consolidate his/her claim arising from the subject matter of the mediation or interpose a counterclaim and request the court to adjudicate such claim jointly upon entering a decision declaring the nullification of or revoking the mediation.In such cases, the action shall be deemed to have been initiated upon the filing of the application for mediation.
The provisions of Article 500 to Article 502 inclusive and Article 506 shall apply mutatis mutandis to the cases provided in the second paragraph.
In case of an unsuccessful mediation, the court shall issue a certificate thereof to the parties.
The provisions as prescribed in Part V-1 Third-Party Opposition Proceeding shall apply mutatis mutandis to the events as described in Paragraph 1.
Article 417
In cases of a mediation of disputes over proprietary rights, where the parties are unable but are close to reach an agreement, the judge shall take all circumstances into consideration, consult with the mediators, balance the interests of the parties, and thereafter, subject to the main intent expressed by the parties, propose a resolution on its own initiative.
The proposed resolution provided in the preceding paragraph shall be served upon the parties and the interested persons who have intervened.
Article 418
A party to the mediation or an interested person who has intervened may object to the proposed resolution provided in the preceding article within a ten-day peremptory period following the service thereof.
The mediation shall be deemed unsuccessful upon an objection raised to it within the period provided in the preceding paragraph. In cases where no objection is raised within the period provided in the preceding paragraph, the mediation shall be deemed successful in accordance with that proposed resolution.
The court shall notify the parties and the interested persons who have intervened of the objection raised in accordance with the provision of the first paragraph of this article.
Article 419
In cases of an unsuccessful mediation after both parties have appeared at the mediation session, the court may, on motion by one party, order an immediate oral argument in accordance with the litigation proceeding applicable to the subject matter. Notwithstanding, where the opposing party has moved for a continuance, the court shall so grant the motion.
In the case provided in the preceding paragraph, the action shall be deemed to have been initiated upon the filing of the application for mediation.
In cases of an unsuccessful mediation, where the applicant for mediation initiates the action within the ten-day peremptory period following service of the certificate of unsuccessful mediation, such action shall be deemed to have been initiated upon the filing of the application for mediation. The same shall apply where such action has been initiated before the certificate is served.
In cases where the mediation is deemed applied for by initiating the action or by the debtor's objection to a payment order and if the mediation is unsuccessful, the court shall order immediate oral argument in accordance with the litigation proceeding applicable to the subject matter, except where the party has moved for continuance. In such case, all effects resulting from the original initiation of action or the application for issuance of a payment order shall remain operative.
Article 420
In cases where one or both parties have failed to appear at the session, the judge may, in his/her discretion, deem the mediation as unsuccessful or designate another mediation session.
Article 420-1
An action pending in the court of first instance may, with the consent of both parties, be referred to mediation.
In the case provided in the preceding paragraph, the litigation proceeding shall be stayed.Where a successful mediation is reached, the action is concluded accordingly.Where the mediation fails, the litigation proceeding shall resume accordingly.
In cases of a successful mediation after the action was referred to mediation in accordance with the provision of the first paragraph, the plaintiff may move for the return of two-thirds of the court costs paid within three months from the day of the successful mediation.
The provisions of the second paragraph of Article 382 shall apply mutatis mutandis to the mediation as described in the second paragraph, if grounds for voidance or revocation are found. The applicant shall also pay the returned court fees as described in the preceding paragraph.
Article 421
The court clerk shall maintain the mediation proceeding transcript, make a note of a successful or unsuccessful mediation, and of a continuance or of the oral argument. Notwithstanding, where the mediation is conducted by mediators, such mediators themselves may take note of an unsuccessful mediation or a continuance.
Where the proposed resolution provided in Article 417 is announced by the judge at the mediation session, such fact shall be indicated in the transcript.
Within ten days of a successful mediation, an authenticated copy of the transcript shall be served upon the parties and the interested persons who have intervened.
The provisions of Article 212 to Article 219 inclusive shall apply mutatis mutandis to the transcript provided in the first and the second paragraphs.
Article 422
No mediation/guidance provided by the mediators or the judge, and no representations or concessions made by the parties during the mediation proceeding may be admitted as the basis for making decisions in an action initiated as a result of an unsuccessful mediation.
Article 423
In cases where an action is initiated as a result of an unsuccessful mediation, the expenses for the mediation proceeding shall be included as a part of the litigation expenses. Where no such action is initiated, the applicant shall bear the expenses.
The provision of Article 84 shall apply mutatis mutandis to a successful mediation.
Article 424
In cases where the action is initiated promptly for any of the disputes provided in the first paragraph of Article 403, it is advisable that the complaint specify the existence of one of the grounds provided in the first paragraph of Article 406 and annex such evidence as a preliminary showing thereof. Absent existence of such a ground, the action will be deemed an application for mediation.
Where multiple claims have been raised in the action, and part of such claims did not arise from the disputes provided in the first paragraph of Article 403, the provision of the preceding paragraph with regard to an action being deemed an application for mediation shall not apply.
Article 425
In cases where the application for mediation is voluntarily withdrawn, such application shall be deemed not to have been filed.
The provisions of the first paragraph of Article 83 shall apply mutatis mutandis to the events described in the preceding paragraph.
Article 426
The judge, the court clerk, and the mediators shall keep in confidence all information with regard to another person's professional or business secrets or other matters involving another person's privacy learned by them in the course of handling mediation cases.
CHAPTER III SUMMARY PROCEEDING
Article 427
A summary proceeding as provided in this Chapter shall apply to actions with regard to proprietary rights where the price or claim's value of claim is not more than NT$ 500,000.
A summary proceeding shall apply to the following actions irrespective of the price or value of the claim:
1. Actions arising from disputes over a fixed-term lease of a building or other object of work, or from a fixed-term lender-borrower relationship;
2. Actions between an employer and an employee arising from an employment contract with an employment term of less than one year;
3. Actions between a guest and the owner of a hotel or the owner of a food and beverage store, or a carrier arising from food/accommodation, freight costs or deposit of baggage or money/property;
4. Actions arising from the protection of possessions;
5. Actions arising from the fixing of the boundaries or the demarcation of a real property;
6. Actions arising from claims in a negotiable instrument;
7. Actions arising from claims in a cooperative association;
8. Actions arising from claims in interest, bonus, rent, retirement/severance payment, or other periodical payments;
9. Actions arising from the lease of personal property or a lender-borrower relationship with respect to the use of personal property;
10. Actions arising from the guarantee for the claims provided in the first to the third subparagraphs inclusive and the sixth to the ninth subparagraphs inclusive.
In actions not provided in the two preceding paragraphs, the parties may agree to apply a summary proceeding and such agreement must be evidenced in writing.
In cases where the court has adopted a summary proceeding to an action which is not provided in the first and the second paragraphs and the parties to such action have proceeded orally on the merits without raising objections, the parties shall be deemed to have reached the agreement provided in the preceding paragraph.
In the action provided in the second paragraph, where the dispute is complicated or where the price or the claim value exceeds the amount provided in the first paragraph by ten times or more, the court may, on motion, switch to the ordinary proceeding by a ruling and the same judge shall continue adjudicating the case.
The ruling provided in the preceding paragraph is not reviewable.
Where necessary, the Judicial Yuan may order a reduction in the amount provided in the first paragraph to NT$ 250,000 or increase it to NT$ 750,000.
Article 427-1
The Judicial Yuan shall prescribe rules governing the assignment of cases which shall be adjudicated by summary proceeding in the same district court.
Article 428
In initiating an action, the plaintiff may indicate only the transactions or occurrences giving rise to the claim with regard to the matter provided in the second subparagraph of the first paragraph of Article 244.
Initiation of the action and other statements or representations not presented at court sessions may be made orally.
Article 429
Where the action is initiated orally, the transcript together with the summons for the oral-argument session shall be served upon the defendant.
The preparation period for the first oral argument session shall be at least five days, except in urgent cases.
Article 430
The summons for the oral-argument session shall indicate that the summary proceeding shall apply to the action and that the parties must appear at the session with the tangible evidence to be introduced and the witnesses to be examined.
Article 431
The party shall submitpreparatory pleadings or answers prior to the session, with respect to such statements or alleged facts or evidence to which the opposing party cannot respond without preparation, and shalldirectly sendoriginal copies or photocopies of such pleading or answers to the opposing party; where such statement or allegation is made orally, the court clerk shall prepare a transcript to be served upon the opposing party.
Article 432
The parties may, without waiting for a summons and on their own initiative, appear before the court together during the ordinary court day to present their oral arguments.
In the case provided in the preceding paragraph, the initiation of the action shall be indicated in the oral-argument transcript and the parties shall be deemed to have agreed to apply for a summary proceeding as provided in the third paragraph of Article 427.
Article 433
The court may, in a way which it considers convenient and appropriate, notify the witness or expert witness without serving them with a summons except in cases where such witness or expert witness has failed to appear at the session.
Article 433-1
In actions to which a summary proceeding applies, the court shall in general conclude the oral argument within one single session.
Article 433-2
With the permission of the court, the oral-argument transcript may omit some matters which should be indicated in the ordinary proceeding, except where the party has raised an objection to such omission.
The provision of the preceding paragraph does not apply to such matters as: observance of the oral argument procedure; abandonment of claims; admission of claims; voluntary dismissal; settlement; admission of facts; and announcement of decisions.
Article 433-3
Where a party fails to appear at the oral-argument session, the court may, on its own initiative, enter a default judgment.
Article 434
The written judgment may indicate the purport of the facts and reasons and/or quote the pleadings presented by the parties, the transcript or other documents, which, where necessary, may be annexed thereto as appendices.
The court may, upon announcing the judgment, order the main text of the judgment and the purport of the facts and reasons to be indicated in the oral-argument transcript instead of issuing a written judgment. In such cases, service of an authenticated copy or extract copy of the transcript shall have the same effect as the service of an authenticated copy of a written judgment.
The provision of Article 230 shall apply mutatis mutandis to the transcript provided in the preceding paragraph.
Article 434-1
In case of any of the following, the written judgment may only indicate the main text:
1.Where the party has abandoned or admitted the claim;
2.Where the party against whom the judgment is entered expresses his/her waiver of the right to appeal upon the announcement of the judgment;
3.Where the party against whom the judgment is entered performs upon the announcement of the judgment the prestation ordered by the judgment.
Article 435
Where an action, in whole or in part, does not fall within the scope provided in the first and the second paragraphs of Article 427 as a result of an amendment, addition of claims or a counterclaim, and except in cases where the parties have agreed to continued application of the summary proceeding, the court shall switch to an ordinary proceeding by a ruling and the same judge shall continue adjudicating the case.
In the case provided in the preceding paragraph, if the defendant has proceeded orally on the merits without raising an objection, the parties shall be deemed to have reached an agreement on continued application of the summary proceeding.
Article 436
A single judge shall conduct a summary proceeding. Except as otherwise provided by this Chapter, the provisions of Chapter I on an ordinary proceeding shall apply to a summary proceeding.
Article 436-1
An appeal from a judgment or an appeal from a ruling may be taken from the decision made in the first instance under summary proceeding to the district court having jurisdiction and such appeal shall be adjudicated by the judges sitting in council.
No claim may be amended or added, and no counterclaim may be raised, in the course of the appeal provided in the preceding paragraph if such amendment, addition of claims, or counterclaim will render it necessary to switch to the ordinary proceeding.
The provisions of the first paragraph of Article 434, Article 434-1, Chapter I of Part III, and Part IV shall apply mutatis mutandis to the proceedings of an appeal from a judgment and an appeal from a ruling provided in the first paragraph.
An appeal may be taken to the high court having jurisdiction from decisions made under an ordinary proceeding applied by a switch in accordance with the provision of the fifth paragraph of Article 427.
Article 436-2
Where the value of the interests in an appeal from the decision made in the second instance under summary proceeding exceeds the amount provided in Article 466, the party may appeal forthwith to the Supreme Court but only on the ground that there is a manifest error in the application of law in the appealed decision.
Except as otherwise provided, the provisions of Chapter II of Part III on Procedure in The Third Instance and Part IV on Appeals from Rulings shall still apply to the appeal from a judgment and the appeal from a ruling provided in the preceding paragraph.
Article 436-3
An appeal from a judgment or an appeal from a ruling taken to the third instance from decisions made in the second instance under summary proceeding must be permitted by the original court which entered such decision.
The permission provided in the preceding paragraph shall be granted only when the legal opinion involved in the case is significant in principle.
Where the original court which entered such decision considers that the appeal from a judgment or the appeal from a ruling provided in the first paragraph should be permitted, it shall annex a memorandum of opinion stating the reason for granting such permission in accordance with the provision of the preceding paragraph and immediately forward the dossier to the Supreme Court; where it considers that permission shall not be granted, it shall deny such appeal by a ruling.
An appeal may be taken forthwith to the Supreme Court from the ruling provided in the preceding paragraph.
Article 436-4
The reason for either an appeal from a judgment or an appeal from a ruling taken in accordance with the provision of the first paragraph of Article 436-2 must be stated upon filing such appeal; where such appeal is filed after the appealed decision is announced and before such decision is served, the reason must be supplemented within ten days following the service of the decision.
Where the appellant has failed to state the reasons in accordance with the provision of the preceding paragraph, the original court shall dismiss such appeal by a ruling without providing the appellant with an opportunity to rectify.
Article 436-5
The Supreme Court by a ruling shall deny the appeal from a judgment or an appeal from a ruling if it considers such appeal should not be permitted by reason that such appeal does not conform with the provisions of the first paragraph of Article 436-2 and the second paragraph of Article 436-3.
No motion for rehearing may be made with respect to the ruling provided in the preceding paragraph.
Article 436-6
In cases where an appeal from a judgment or an appeal from a ruling taken forthwith to the Supreme Court from a decision made under summary proceeding is denied on the merits, the appellant may not initiate a rehearing action or move for rehearing on the same ground.
Article 436-7
Where material tangible evidence which may affect the decision has been omitted from consideration, a rehearing action may be initiated or a motion for rehearing may be filed with respect to the final and binding decision made in the second instance under summary proceeding.
CHAPTER IV SMALL-CLAIM PROCEEDING
Article 436-8
Where the action is for the payment of money, other replaceable objects or securities and the price or claim value is not more than NTD 100,000, then the provisions of this Chapter on Small-Claim Proceedings shall apply.
Where the court considers it inappropriate for a Small-Claim Proceeding to apply, it may, on its own initiative, switch to a summary proceeding by a ruling, and the original judge shall continue adjudicating the case.
The ruling provided in the preceding paragraph is not reviewable.
In an action provided in the first paragraph, where the price or claim value is not more than NTD 500,000, the parties may agree to apply a Small-Claim Proceeding and such agreement shall be evidenced in writing.
Article 436-9
In cases where a party to a Small-Claim Proceeding is a juridical person or a merchant and it has, by the standard contract that it uses, designated either the place of performance of obligations or a court of the first instance to exercise jurisdiction, the provisions of Article 12 or Article 24 shall not apply, except when both parties to such action are juridical persons or merchants.
Article 436-10
The plaintiff of an action initiated under a Small-Claim Proceeding may use the standard complaint form prescribed by the Judicial Yuan.
Article 436-11
A Small-Claim Proceeding may be conducted in the evening hours, on Sundays, or other days off, except as may be objected to by a party.
The Judicial Yuan shall prescribe the rules governing the court sessions held in evening hours, on Sundays or other days off provided in the preceding paragraph.
Article 436-12
In matters provided in Article 436-8, where a mediation proceeding is required by the operation of law, and a party, without giving a justifiable reason, failed to appear at the mediation session after being duly notified to do so five days prior to the session, the court may, on a motion by the party appearing, order oral argument to be conducted immediately and may, on its own initiative, enter a default judgment.
The summons for a mediation session shall indicate the legal consequence of a failure to appear provided in the preceding paragraph.
Article 436-13
(Repealed.)
Article 436-14
In the case of any of the following, the court may, taking all circumstances into consideration and without taking evidence, find the facts and enter an equitable decision:
1.Where both parties agree;
2.Where the time and cost for taking evidence is manifestly disproportional to the claim demanded.
Article 436-15
The parties may amend the claim, raise an additional claim or a counterclaim only to the extent permitted by the first paragraph of Article 436-8, except where the parties have agreed on a continued application of a Small-Claim Proceeding and the court also considers it appropriate to do so.
Article 436-16
A claim may not be divided for the purpose of applying a Small-Claim Proceeding except where the claimant party has represented to the court that he/she will not initiate another action with regard to the remainder of such claim.
Article 436-17
(Repealed.)
Article 436-18
A written judgment may only indicate the main text and, where necessary, note the purport of the reason with regard to the issues disputed by the parties.
The judgment provided in the preceding paragraph may be written in the complaint or the transcript where the initiation of an action is made orally.
The judgment provided in the two preceding paragraphs may be indicated in a standard form. The Judicial Yuan shall prescribe the standard form and the production of an authenticated copy thereof.
Article 436-19
The court shall, in deciding the responsibility for court costs, fix the amount thereof.
For purposes provided in the preceding paragraph, the court may order the parties to present the calculation of expenses in writing along with documents sufficient to make a preliminary showing of the amount of such expenses.
Article 436-20
The court shall, on its own initiative, upon entering a judgment against the defendant, declare a provisional execution.
Article 436-21
In ordering a defendant to perform the prestation claimed, the court, with the plaintiff's consent, may relieve the defendant from part of the prestation in the judgment on the condition that the defendant voluntarily performs the prestation within a designated period.
Article 436-22
In cases where the court enters a judgment allowing either the performance of prestation by installments or a grace period according to the defendant's request, the court may designate the additional amount that the defendant shall pay to plaintiff in case the defendant defaults in its performance. Notwithstanding, such additional amount shall not exceed one third of the amount awarded by the judgment.
Article 436-23
The provisions of Article 428 to Article 431 inclusive, the first paragraph of Article 432, Article 433 to Article 434-1 inclusive and Article 436 shall apply mutatis mutandis to Small-Claim Proceedings.
Article 436-24
An appeal from a judgment or an appeal from a ruling may be taken from the decision made in the first instance under a Small-Claim Proceeding to the district court having jurisdiction, and such appeal shall be adjudicated by judges sitting in council.
No appeal may be taken from the decision made in the first instance as provided in the preceding paragraph except on the grounds that such decision is in contravention of the laws and regulations.
Article 436-25
The notice of appeal shall indicate the reasons for the appeal and specify the following matters:
1.The laws and regulations which the original judgment contravened and the specific content thereof;
2.Specific facts, as revealed by the litigation materials, which may lead to a finding that the original judgment is in contravention of said laws and regulations.
Article 436-26
In cases where an ordinary proceeding or summary proceeding should apply and the court of first instance has erroneously applied a Small-Claim Proceeding, the court of second instance may reverse the original judgment and remand the case to the original court, except in cases provided in the fourth paragraph of Article 436-8 when the party has expressed no objection, or he/she knows or should have known such error but has proceeded orally on the merits without raising any objection.
In the case provided in the preceding paragraph, the parties shall be accorded an opportunity to be heard. Where both parties agree that the court of second instance can continue adjudicating the action under a Small-Claim Proceeding, the court shall decide on the case.
The judgment provided in the first paragraph may be entered without oral argument.
Article 436-27
No party may amend the claim, raise an additional claim, or counterclaim in the proceeding in the second instance.
Article 436-28
No party may present additional means of attack or defense in the proceeding in the second instance, except in cases where such means of attack or defense were prevented from being presented as a result of the lower court acting in contravention of the laws and regulations.
Article 436-29
In case of any of the following, the judgment in the second instance under a Small-Claim Proceeding may be entered without oral argument:
1.Where both parties agree;
2.Where the import of the appeal sufficiently shows that the appeal is meritless.
Article 436-30
No appeal from either a judgment or an appeal from a ruling may be taken from the decision made in the second instance under a Small-Claim Proceeding.
Article 436-31
Where an appeal from a judgment or an appeal from a ruling taken from a decision made in the first instance under a Small-Claim Proceedings has been denied on the merits, no rehearing action may be initiated and no motion for rehearing may be filed on the same ground.
Article 436-32
The provisions of Article 436-14, Article 436-19, Article 436-21 and Article 436-22 shall apply mutatis mutandis to the appellate proceeding of small-claim actions.
The provisions of Article 438 to 445 inclusive, Article 448 to Article 450 inclusive, Article 454, Article 455, Article 459, Article 462, Article 463, Article 468, subparagraphs 1 to 5 inclusive of Article 469, Article 471 to Article 473 inclusive, and the first paragraph of Article 475 shall apply mutatis mutandis to the appellate proceeding of small-claim actions.
The provisions of Part IV shall apply mutatis mutandis to the proceeding of appeals from rulings of small-claim actions.
The provisions of Part V shall apply mutatis mutandis to the rehearing proceeding of small-claim actions.
PART III APPELLATE PROCEDURE
CHAPTER I PROCEDURE IN THE SECOND INSTANCE
Article 437
Except as otherwise provided, an appeal may be taken from the final judgment entered in the first instance to the court of second instance having jurisdiction.
Article 438
Decisions made prior to the entry of the judgment provided in the preceding article and involving such judgment shall be subject to the review by the court of second instance, except those decisions which are not reviewable or from which an interlocutory appeal may be taken in accordance with the provisions of this Code.
Article 439
A party may waive the right to appeal from a judgment entered in the first instance after such judgment is announced, published, or served.
Waiver of the right to appeal from the judgment made orally by the party upon the announcement of the judgment shall be indicated in the oral-argument transcript, and in case the opposing party is not present, such transcript shall be served on the opposing party.
Article 440
An appeal from a judgment entered in the first instance must be filed within the peremptory period of twenty days following the service of such judgment. Notwithstanding, an appeal is also effective when taken after the judgment is announced or published and before it is served.
Article 441
An appeal must be filed with a notice of appeal, which notice shall specify the following matters and be submitted to the original court of first instance:
1. The parties and their statutory agents;
2. The judgment entered in the first instance and a statement that the appeal is taken from such judgment;
3. The extent of appeal and the demand how such judgment should be reversed or amended; and
4. The basis for the appeal.
The basis for the appeal shall specify the following matters:
1. The reasons why the original judgment should be reversed or amended;
2. Facts and evidence in support of the basis provided in the preceding subparagraph.
Article 442
Where the appeal is filed after the expiration of the appeal period or is taken from a judgment from which no appeal is allowed, the original court of first instance shall dismiss it by a ruling.
Where the appeal fails the prescribed formality or other legal requirements and such failure is rectifiable, the original court of first instance shall order the appellant to rectify such failure within a period to be designated by the court and dismiss such appeal if the appellant fails to do so.
The provision of the preceding paragraph does not apply where the appellant has failed to specify the reason for the appeal in the notice of appeal.
Article 443
If an appeal is not dismissed in accordance with the provision of the preceding Article, then the court of first instance shall promptly serve the notice of appeal upon the appellee. In cases where one or more parties each have filed an appeal, or where the period for the other parties to file an appeal has expired, the court of the first instance shall promptly forward the dossier, the notice of appeal and other relevant documents to the court of second instance.
The court of first instance shall, where necessary, for its own use, prepare a written copy, photocopy, or extract copy of the dossier to be forwarded in accordance with the provision of the preceding paragraph.
Article 444
If an appeal is not in conformity with the law the court of second instance shall dismiss the appeal by a ruling. Notwithstanding, where such defect is rectifiable, the presiding judge shall order rectification within the period he/she designates.
In cases where the original court of first instance has ordered rectification within the period it designated of an appeal not in conformity with the law, and the appellant has failed to do so, the procedure provided in the proviso of the preceding paragraph may be disregarded.
Article 444-1
Where the notice of appeal does not specify the reason for an appeal, the presiding judge may order the appellant to submit the reason in writing within the period he/she designates.
Except in cases where the appeal is dismissed in accordance with the provision of the preceding article, the court of second instance shall promptly serve upon the appellee such reason in writing.
The presiding judge may order the appellee to submit an answer and the appellant to respond to appellee's answer within an appropriate period that he/she designates.
Where the party fails timely to submit the pleadings ordered within the period provided in the first paragraph and the preceding paragraph, the court may order such party to explain the reason by pleadings.
Where the party fails timely to submit the reason for appeal in writing in accordance with the provision of the first paragraph or fails to explain in accordance with the provision of the preceding paragraph, the court of second instance may apply the provision of Article 447 mutatis mutandis or take such fact as part of the entire import of oral argument in forming its decision.
Article 445
Oral argument shall be conducted within the scope of the demand of the appeal.
The parties shall state the purport of the oral argument presented in the first instance. Notwithstanding, the presiding judge may, in lieu thereof, order the court clerk to read aloud the judgment, transcript, or other document in the dossier of the court of first instance.
Article 446
No amendment or addition of claims may be made without the opposing party's consent, except in the cases provided in the second to the sixth subparagraphs inclusive of the first paragraph of Article 255.
No counterclaim may be raised without the opposing party's consent except in case of any of the following:
1. Where the existence or nonexistence of a certain legal relation, based upon which relation the principal action should be decided, becomes disputed and the new counterclaim seeks to confirm such legal relation;
2. Where the claimant has interests in raising a counterclaim from the same subject matter of the original claim;
3. Where the claimant has interests in raising a counterclaim with respect to the balance as a result of a setoff raised.
Article 447
No additional means of attack or defense shall be presented, except in case of any of the following:
1. Where such additional means of attack or defense were prevented from being presented as a result of the court of first instance acting in contravention of the laws and regulations;
2. Where the occurrences giving rise to such additional means of attack or defense took place after the conclusion of oral argument in the court of first instance;
3. Where additional means of attack or defense are presented for purposes of supplementing those already presented in the first instance;
4. Where the occurrences giving rise to such additional means of attack or defense are generally known or known to the court in the course of performing its functions, or the court should take evidence on its own initiative with regard to such occurrences;
5. Where the party was unable to present such additional means of attack or defense due to reasons not imputable to him/her;
6. Where it would be manifestly unfair to prevent the party from presenting such additional means of attack or defense.
The party shall make a preliminary showing of the existence of one or more of the circumstance provided in the proviso of the preceding paragraph.
The court of second instance shall reject any additional means of attack or defense presented in violation of the provision of the two preceding paragraphs.
Article 448
Acts of litigation conducted in the first instance will remain operative in the second instance.
Article 449
The court of second instance shall enter a judgment denying the appeal if it finds such appeal meritless.
An appeal shall be considered meritless where the judgment from which the appeal has been taken is found erroneous according to the reason given in such judgment but is found just according to other reasons.
Article 449-1
In cases where the appeal is denied by the court of second instance in accordance with the provision of the first paragraph of the preceding article, if such appeal is found to be manifestly meritless or has been taken for the sole purpose of delaying the conclusion of the litigation proceeding, the court may impose upon the appellant a fine not exceeding NTD 60,000.
An appeal may be taken from the ruling provided in the preceding paragraph; the execution shall be stayed pending such appeal.
Article 450
Where the appeal is found meritorious, the court of second instance shall, within the scope of the demand made by appeal, enter a judgment to reverse or amend the original judgment.
Article 451
In case of a material defect in the litigation proceeding of the first instance, the court of second instance may reverse the original judgment and remand the case to the original court, provided that such action is considered necessary for purposes of maintaining the system of court instances.
In the case provided in the preceding paragraph, the parties shall be accorded an opportunity to be heard. Where both parties agree that the court of second instance should adjudicate the case, it shall enter a judgment accordingly.
In the case of the reversal of the original judgment as provided in the first paragraph, the defect in the litigation proceeding of the first instance shall be deemed reversed as well.
Article 451-1
In a matter to which a summary proceeding should have been applied, the court of second instance must not reverse the original judgment on the ground that the court of first instance applied an ordinary proceeding to such matter.
In the case provided in the preceding paragraph, the provisions regulating the proceeding of the second instance applicable to summary proceeding shall apply.
Article 452
The court of second instance must not reverse the original judgment by reason that the court of first instance lacked jurisdiction except in cases of intrusion of the exclusive jurisdiction of another court.
Where the original judgment is reversed on the ground that the court of first instance lacked jurisdiction, the court of second instance by a judgment shall transfer the case to the court with jurisdiction.
Article 453
The judgment provided in the first paragraph of Article 451 and the second paragraph of the preceding article may be entered without oral argument.
Article 454
The facts to be indicated in the written judgment may be quoted from the judgment of the first instance. Additional means of attack or defense presented by the parties, if any, shall be indicated in the written judgment.
Where the opinions with regard to the means of attack or defense and the legal opinion held by the court of second instance are the same as those indicated in the judgment of the first instance, the reasons to be indicated in the written judgment may be quoted from the judgment of the first court instance; opinions that are different from those noted in the judgment of the first instance shall be so indicated. The written judgment shall also indicate opinions with regard to any additional means of attack or defense presented by the parties.
Article 455
The court of second instance shall, on motion, conduct oral argument and make decisions with regard to the appeal, if any, taken from the declaration of a provisional execution.
Article 456
In cases where the judgment of the first instance does not declare a provisional execution or declares a conditional provisional execution, the court of second instance shall, on motion, issue a ruling declaring a provisional execution with respect to the portion of the judgment for which no request for review has been made.
Where the court of second instance is of the opinion that the appellant has filed the appeal with the attempt to delay the conclusion of the litigation proceeding, it shall, on motion of the appellee, issue a ruling declaring a provisional execution to the judgment of the first instance. The same principle shall apply where the appellant has presented his/her means of attack or defense in a dilatory matter for purposes of delaying the conclusion of the litigation proceeding.
Article 457
In actions arising from proprietary rights, where the court of second instance affirms the judgment of the first instance, the court shall, on motion, declare a provisional execution to the extent that such judgment is affirmed.
Where necessary, the court of second instance may declare a provisional execution provided in the preceding paragraph on its own initiative.
Article 458
A decision with regard to the declaration of a provisional execution by the court of second instance is not reviewable except when such decision is made in accordance with the provisions of the second and the third paragraphs of Article 395.
Article 459
The appellant may voluntarily dismiss the appeal before the final judgment is entered. Notwithstanding, where the appellee has filed an incidental appeal, the appellant cannot voluntarily dismiss the appeal without the appellee's consent.
Where the claim must be adjudicated jointly with regard to all co-parties, if one or more of the co-parties voluntarily dismiss the appeal, the court shall immediately notify such fact to the co-parties who are deemed to have filed such appeal together and order them to express whether or not they will voluntarily dismiss their appeal within ten days. If they fail to do so within such period, they shall be deemed to have also voluntarily dismissed their appeal.
An appellant who voluntarily dismissed his/her appeal shall lose the right to appeal.
The provisions of the second to the fourth paragraphs inclusive of Article 262 shall apply mutatis mutandis to the voluntary dismissal of appeals.
Article 460
The appellee may file an incidental appeal prior to the conclusion of oral argument, except in cases where the proceeding arises from a case remanded or transferred by the court of third instance.
An incidental appeal may be filed irrespective of the expiration of the period for appeal by the appellee, or appellee's waiver of the right to appeal or voluntary dismissal of appeal.
The provision of Article 261 shall apply mutatis mutandis to incidental appeals.
Article 461
Where the appeal is voluntarily dismissed or dismissed on the ground that it is not filed in conformity with the law, the incidental appeal shall be inoperative. Notwithstanding, an incidental appeal satisfying the requirement of an ordinary appeal shall be deemed an independently operative appeal.
Article 462
Where the appeal is concluded by virtue of a judgment entered, the court clerk of the court of second instance shall promptly include the authenticated copy of the judgment into the dossier after such judgment has become final and binding and forward the dossier to the court of first instance.
The provision of the preceding paragraph shall apply mutatis mutandis to appeals concluded by reasons other than a judgment entered.
Article 463
Except as otherwise provided in this Chapter, the provisions of Chapters I, and II of the preceding Part shall apply mutatis mutandis to the procedure in the second instance.
CHAPTER II PROCEDURE IN THE THIRD INSTANCE
Article 464
Except as otherwise provided, an appeal may be taken from the final judgment of a court of second instance to the court of third instance with jurisdiction.
Article 465
A party who did not file an appeal or an incidental appeal from the judgment, or a part thereof, of the first instance to the court of second instance may not take an appeal to a court of third instance from a judgment of a court of second instance, affirming the judgment of a court of first instance.
Article 466
No appeal may be taken from the judgment of a court of second instance on an action arising from proprietary rights when the value of the interests in such appeal is not more than NTD 1,000,000.
In the cases provided in Article 427, where the judgment of a court of second instance is entered under an ordinary proceeding, an appeal may still be taken to the court of third instance from such judgment. The provision of the preceding paragraph shall apply where the value of the interests in such appeal is not more than NTD 1,000,000.
Where necessary, the Judicial Yuan may, by an order, reduce the amount provided in the two preceding paragraphs to NTD 500,000, or increase it to NTD 1,500,000.
The provisions regarding the accounting of the value of a claim shall apply mutatis mutandis to the accounting of the value of interests in an appeal.
Article 466-1
Unless the appellant or his/her statutory agent himself/herself is qualified to act as an attorney, an appellant shall appoint an attorney as his/her advocate in the appeal from the judgment of a court of second instance. .
In cases where the spouse, or a relative by blood within the third degree or a relative by marriage within the second degree to the appellant is qualified to act as an attorney, and in cases where the appellant is a juridical person or a central or local government agency and has a full-time personnel who is qualified to act as an attorney, such persons may act as the advocate for the appellant in the third instance if the court considers it appropriate to permit such appointment.
In the situation provided in the provisos of the first paragraph and the second paragraph, the appellant shall make a preliminary showing either upon appeal or upon appointing the advocate.
Where the appellant fails to appoint his/her advocate in accordance with the provisions of the first and the second paragraphs, or he/she has appointed an advocate in accordance with the provision of the second paragraph but the court denies the appointment by reason of such appointment being inappropriate, the court of second instance shall order the appellant to rectify such defect within the period it designates. If the appellant fails to rectify the defect within the designated period and further fails to make the motion provided in Article 466-2, the court of second instance shall dismiss the appeal by a ruling on the ground that it was not filed in conformity with the law.
Article 466-2
An appellant who lacks the financial means to appoint an advocate may move the court of third instance in accordance with the provisions regarding litigation aid to appoint an attorney to serve as his/her advocate.
In cases where the appellant makes the motion provided in the preceding paragraph, the court of second instance shall forward the dossier to the court of third instance.
Article 466-3
Compensation paid to the attorney in the court of third instance shall be included as a part of the litigation expenses and the maximum amount thereof shall be prescribed.
The Judicial Yuan shall prescribe rules governing the appointment of an attorney to act as the advocate provided in Article 466-1.
The rules provided in the preceding paragraph shall be prescribed by reference to the opinions of the Ministry of Justice and the Taiwan Bar Association.
Article 466-4
Upon consent, the parties may file an appeal from the final judgment entered under ordinary proceeding by the court of first instance forthwith to the court of third instance if the parties agree that the finding of facts under such judgment is correct.
The consent provided in the preceding paragraph shall be evidenced in writing and such writing shall be submitted to the court of first instance along with the notice of appeal.
Article 467
No appeal may be taken to the court of third instance except on the ground that the original judgment is in contravention of the laws and regulations.
Article 468
A judgment is in contravention of the laws and regulations if the applicable laws are not applied or are erroneously applied.
Article 469
A judgment shall be automatically held in contravention of the laws and regulations in the following situations:
1. Where the court is not organized in conformity with the laws;
2. Where a judge who should have disqualified himself/herself by operation of law or by decision has participated in making the decision;
3. Where the court lacks the subject matter jurisdiction or acts in violation of exclusive jurisdiction;
4. Where the parties are not legally represented in the action;
5. Where the court violates the provision that the oral argument should be open to the public;
6. Where the judgment does not provide reasons or provides contradictory reasons.
Article 469-1
A court of third instance must permit an appeal taken to a court of third instance on grounds other than those provided in the preceding article.
The permission provided in the preceding paragraph shall be granted only when such an appeal is necessary for the continued development of the laws, or to ensure coherence of decisions, or when other legal opinions involved are significant in principle.
Article 470
An appeal shall be filed by submitting a notice of appeal to the court which entered the appealed judgment.
The notice of appeal shall indicate the reasons for the appeal and shall specify the following matters:
1. The laws and regulations which the original judgment has contravened and the specific content thereof;
2. The facts, as revealed by the litigation materials, which may lead to the finding that the original judgment is in contravention of the said laws and regulations;
3. The reasons why such appeal is necessary for the continued development of the laws or to ensure coherence of decisions, or that the legal opinions involved are significant in principle.
It is advisable that the notice of appeal indicates the value of the interests in the appeal.
Article 471
Where the appellant has failed to indicate the reasons for appeal in the notice of the appeal, he/she shall supplement the reason for the appeal in writing to the original court of second instance within twenty days after filing the appeal. Where the appellant fails to do so, the court of second instance shall dismiss the appeal by a ruling without ordering rectification.
Within fifteen days following the service of the notice of appeal, the appellee may submit either an answer to the original court of second instance or submit the reason for the appeal in writing provided in the preceding paragraph.
After receiving the answer or after the period provided in the preceding paragraph has expired, the court of second instance shall forward the dossier to the court of third instance.
Where the appeal is filed after the judgment is announced but before it is served, the period provided in the first paragraph shall start to run after the judgment is served.
Article 472
The appellee may submit answers and additional pleadings to the court of third instance before a judgment is entered. The appellant may also submit additional pleadings with regard to the reasons for appeal.
The court of third instance may serve the pleadings provided in the preceding paragraph upon the opposing party if it considers it necessary to do so.
Article 473
The demand made by an appeal may not be amended or expanded.
The appellee may not file an incidental appeal.
Article 474
The judgment of the court of third instance shall be based on oral argument, except where the court considers it unnecessary to conduct oral argument.
The oral argument in the court of third instance shall be conducted by the attorneys appointed by the parties.
The provisions of the first to the third paragraphs inclusive of Article 466-1, the first paragraph of Article 466-2 and Article 466-3 shall apply mutatis mutandis to the appointment of advocate by the appellee.
Article 475
The court of third instance shall, within the scope of the demand made by the appeal, conduct an investigation based on the reasons for the appeal, except for matters which the court should investigate on its own initiative or in cases where an investigation is necessary for ensuring coherence in the interpretation of laws and regulations.
Article 476
The court of third instance shall base its judgment on the facts found in the original judgment.
The court of third instance may take into consideration the facts presented by the parties and indicated in the oral-argument transcript.
Where the appeal is filed by reason of a violation of provisions regulating litigation procedure, the court of third instance may take into consideration the facts alleged regarding such violation; in cases where the appeal is filed by reason of the finding, omitting, or admitting of facts under the appealed judgment being in contravention of the laws and regulations, the court may take into consideration the facts alleged regarding such contravention.
Article 477
Upon finding the appeal meritorious, the court of third instance shall reverse the relevant portion of the original judgment.
Where the original judgment is reversed by reason of a violation of provisions regulating litigation procedure, the defect in the litigation proceeding shall be deemed reversed as well.
Article 477-1
Except in the cases provided in the first to the fifth subparagraphs of Article 469 inclusive, the original judgment must not be reversed where the contravention of the laws and regulations made by the original judgment would have no adverse effect on the result of the decision.
Article 477-2
In cases of an appeal provided by Article 466-4, the court of third instance must not reverse the original judgment by reason of the finding of facts under the original judgment being in contravention of the laws and regulations.
Article 478
In case of any of the following, the court of third instance shall enter judgment on the action on its own after reversing the original judgment:
1. Where the original judgment is reversed by reason of a failure to apply the applicable laws or an erroneous application of such laws to the facts already found or the facts which may be taken into consideration by operation of law, and the action may be decided based on such facts;
2. Where the original judgment has mistakenly rendered a decision on the merits on an action or appeal which is not filed in conformity with the law;
3. Where the court of third instance may find the facts regarding the matters which the court should investigate on its own initiative and, based on such facts, a decision may be made;
4. Where the original judgment fails to be based on the party's abandon-ment or admission of claims;
5. Where it is unnecessary to remand or transfer the case for further arguments. Except in the situations provided in the preceding paragraph, where necessary, the court of third instance may remand the case to the original court or transfer it to another court of the same level of instance.
Where the case is remanded or transferred by a judgment as provided in the preceding paragraph, detailed instructions shall be given with respect to the matters to be investigated.
The court to which the case is remanded or transferred shall enter a judgment based on the legal conclusions made by the court of third instance as the reason for reversing the original judgment.
Article 479
(Repealed.)
Article 480
In entering a judgment to remand or transfer a case, the court of third instance shall promptly include in the dossier the authenticated copy of the written judgment and forward such dossier to the court to which the case is remanded or transferred.
Article 481
Except as otherwise provided in this Chapter, the provisions of the preceding Chapter shall apply mutatis mutandis to the procedure in the third instance.
PART IV APPEALS FROM RULINGS
Article 482
Except as otherwise provided, an appeal may be taken from a ruling.
Article 483
Except as otherwise provided, no appeals may be taken from rulings made during the litigation proceedings.
Article 484
In cases where an appeal may not be taken to the court of third instance, no appeals may be taken from a ruling made by the court of second instance. Notwithstanding, an objection to any of the following rulings may be raised with the original court:
1. A ruling ordering the court clerk, executive officer, statutory agent, or advocate to bear the litigation expenses;
2. A ruling for imposing fines upon a witness, an expert witness, interpreter or a third person who holds documents or objects which should be inspected;
3. A ruling for denying a refusal to give testimony, expert testimony, or interpretation;
4. A ruling for compulsory production of documents or objects which should be inspected.
The provisions with regard to appeals from rulings of the same kind shall apply mutatis mutandis to the objection provided in the preceding paragraph.
The ruling on an objection made by the court hearing the case is not reviewable.
Article 485
No appeal may be taken from a ruling issued by a commissioned judge or an assigned judge. Notwithstanding, where such ruling is the kind of ruling from which an appeal may be taken if it were made by the court hearing the case, an objection to such ruling may be raised with the same court.
The provisions with regard to appeals from rulings of the same kind shall apply mutatis mutandis to the objection provided in the preceding paragraph.
An appeal may be taken from the ruling on an objection made by the court hearing the case in accordance with the provisions of this Part.
Where the action is pending in the court of third instance, objections to rulings made by the commissioned judge or assigned judge may be raised with the court of third instance. In cases where an appeal may be taken to the court of third instance, objections to rulings made by the commissioned judge or assigned judge of the court of second instance may be raised with the court hearing the case.
Article 486
Except as otherwise provided, an appeal taken from a ruling shall be decided by the immediate superior court.
No re-appeal may be taken from the ruling made by the immediate superior court dismissing an appeal on the ground that such appeal is not in conformity with the law.Notwithstanding, an objection may be filed with the same immediate superior court.
The provisions of the second and the third paragraphs of Article 484 shall apply mutatis mutandis to the objection provided in the preceding paragraph.
Except as provided in the two preceding paragraphs, re-appeal may be taken from a ruling made by the immediate superior court only when it is based on the ground that there is a manifest error in the application of the law.
The provisions of Article 436-6 shall apply mutatis mutandis to the appeal proceeding provided in the preceding paragraph.
Article 487
An appeal taken from a ruling shall be filed within the peremptory period of ten days following the service of the ruling. Notwithstanding, an appeal taken from a ruling which is filed prior to the service of that ruling shall also take effect.
Article 488
Except as otherwise provided, an appeal taken from a ruling shall be made by filing a notice of appeal to the original court or the court to which the original presiding judge belongs.
Appeals taken from rulings made on matters proceeded under summary proceeding or a Small-Claim Proceeding or from rulings with regard to litigation aid, and appeals taken by a witness, expert witness, interpreter, or third person holding tangible evidence may be made orally, except those appeals taken in accordance with the provision of the first paragraph of Article 436-2.
An appeal taken from a ruling shall specify the reason for appeal.
Article 489
(Repealed.)
Article 490
Where the original court or the presiding judge finds the appeal meritorious, it or he/she shall revoke or amend the original ruling.
Where the original court or the presiding judge does not dismiss the appeal on the ground that it is not in conformity with the law, nor does it or he/she issue a ruling on such appeal in accordance with the provision of the preceding paragraph, it or he/she shall promptly refer such appeal to the immediate superior court, and where necessary, forward the dossier and annex a memorandum of opinion.
Article 491
Except as otherwise provided, no appeal taken from a ruling operates to stay the execution of such ruling.
The original court, or the presiding judge, or the superior court may stay the execution of such ruling, or take other necessary measures before a ruling is issued on the appeal.
No appeal may be taken from the ruling provided in the preceding paragraph.
Article 492
In finding an appeal meritorious, the superior court shall revoke or amend the original ruling on its own and, unless necessary, must not order the court or the presiding judge who issued the appealed ruling to re-issue a ruling.
Article 493
(Repealed.)
Article 494
(Repealed.)
Article 495
In accordance with the provisions of this Part, where the review of a ruling which should be sought by filing an appeal is mistakenly sought by raising an objection, an appeal is deemed effectuated; where the review of a ruling which should be sought by raising an objection is mistakenly sought by filing an appeal, an objection is deemed effectuated.
Article 495-1
Except as otherwise provided in this Part, the provisions of Chapter I, Part III shall apply mutatis mutandis to appeals taken from rulings.
The provisions of Chapter II, Part III shall apply mutatis mutandis to appeals forthwith to the Supreme Court provided in the first paragraph of Article 436-2 and re-appeals provided in the fourth paragraph of Article 486.
PART V REHEARING PROCEEDING
Article 496
Except where the party has filed an appeal to assert the ground for a review or has failed to assert such ground known to him/her, a rehearing action may be initiated to request a review of a final judgment with binding effect in any of the following situations:
1. Where the application of law is manifestly erroneous;
2. Where the reason for the judgment manifestly contradicts the main text;
3. Where the court which entered the judgment is not legally organized;
4. Where a judge who should have disqualified himself/herself from the case by operation of law or by decision has participated in deciding the case;
5. Where the parties are not legally represented in the action;
6. Where a party has misrepresented that he/she did not know the opposing party's domicile/residence when initiating the action, except where such opposing party has ratified the relevant litigation proceeding;
7. Where a judge participating in deciding the case committed a criminal offense or received disciplinary sanction as a result of breaching his/her duties concerning the action which may affect the result of the original judgment;
8. Where a party's agent, or the opposing party, or the opposing party's agent engaged in criminally punishable acts of any kind concerning the case which may affect the result of the original judgment;
9. Where the tangible evidence based on which the judgment was entered was fabricated or altered;
10. Where the witness, expert witness, interpreter, or statutory agent, after signing a written oath, gave false representation with regard to his/her testimony, expert testimony, interpretation, or statement, based on which the judgment was entered;
11. Where the referenced civil, criminal, administrative judgment, or any other decision or administrative disposition, based on which the judgment was entered, was amended by a subsequent final decision or administrative disposition with binding effect;
12. Where a party discovers that the same claim has been disposed of by a prior final and binding judgment or a settlement or mediation, or that the applicability of such judgment or settlement or mediation is available;
13. Where a party discovers tangible evidence which has not been considered or which becomes available, on condition that taking into consideration such tangible evidence will result in a more favorable decision to such party.
A rehearing action may be initiated in the situations provided in the seventh to the tenth subparagraphs inclusive of the preceding paragraph only where a final and binding guilty judgment or a sanction imposing a fine has been entered, or where no such final judgment or sanction can be entered for reasons other than insufficient evidence.
Where the court of second instance has entered a judgment on the merits, no rehearing action may be initiated against the judgment entered by the court of first instance.
Article 497
In cases where no appeal may be taken to the court of third instance in accordance with the provision of Article 466, in addition to the cases provided in the preceding article, a rehearing action may be initiated against the final and binding judgment entered by the court of second instance on the ground that the court has failed to consider important tangible evidence which may affect the judgment, or on the ground that the court entered a default judgment against the party having a good cause shown for not appearing at the court session.
Article 498
Where a judgment was entered based on a decision which falls under the cases provided in the two preceding articles, a rehearing action may be initiated against such judgment.
Article 498-1
Where the rehearing action has been dismissed on the merits, no rehearing action may be initiated on the same ground against either an original final and binding judgment or a final and binding judgment dismissing the original rehearing action.
Article 499
In matters of a rehearing action, the original court has exclusive jurisdiction.
The superior court has exclusive jurisdiction over a rehearing action jointly against the judgments entered on the same matter by courts of different instances. Notwithstanding, in cases where a request for review of the judgment entered by the court of third instance is based on the grounds provided in the provisions of the ninth to the thirteenth subparagraphs inclusive of the first paragraph of Article 496, the original court of second instance has exclusive jurisdiction.
Article 500
A rehearing action must be initiated within a peremptory period of thirty days.
The period provided in the preceding paragraph starts to run from the time when the judgment becomes final and binding, or from the service of such judgment where such judgment has become final and binding prior to its service, or from the time when the ground for rehearing became known if such ground occurred or became known at a later date. Notwithstanding, no rehearing action may be initiated after a period of five years has elapsed from the time when the judgment became final and binding.
The proviso of the preceding paragraph does not apply to cases where the rehearing action is initiated on the grounds provided in the fifth, the sixth, or the twelfth subparagraph of the first paragraph of Article 496.
Article 501
A rehearing action shall be initiated by submitting a complaint to the court with jurisdiction specifying the following matters:
1.The parties and the statutory agents;
2.The judgment of which a review is being sought, and a statement that a rehearing action is initiated against such judgment;
3.The demand with regard to the extent to which the judgment should be reversed and what judgment should be entered on the original claim;
4.The ground for rehearing, and the evidence which supports such ground and proves observance of the peremptory period.
It is advisable that the complaint for a rehearing action indicate the matters in preparation of oral argument and annex a written copy or photocopy of the final judgment with binding effect.
Article 502
The court shall by a ruling dismiss a rehearing action which is not initiated in conformity with the law.
A rehearing action which is manifestly groundless may be dismissed on the merits by a judgment without oral argument.
Article 503
Oral argument and decisions of the rehearing action shall be made with regard to and only to the portion for which a review is being sought.
Article 504
Where the original judgment is considered just, the court shall dismiss the rehearing action irrespective of the existence of the grounds therefore by entering a judgment to such effect.
Article 505
Except as otherwise provided in this Part, the provisions with regard to the litigation proceedings at the relevant court instances shall apply mutatis mutandis to rehearing proceedings.
Article 505-1
The provision of the second paragraph of Article 395 shall apply mutatis mutandis to a rehearing action.
Article 506
The judgment entered at the conclusion of a rehearing proceeding does not affect a third person's rights obtained in good faith.
Article 507
In cases provided in the first paragraph of Article 496 or Article 497, a motion for rehearing may be made against a final and binding ruling in accordance with the provisions of this Part which shall apply mutatis mutandis.
PART V-I THIRD-PARTY OPPOSITION PROCEEDING
Article 507-1
In cases where a third party who is legally interested in an action was prevented from intervening in that action due to reasons not imputable to himself/herself, and thus was unable to present means of attack or defense which may have affected the result of the judgment, such third party may, by naming the parties to that action as co-defendants, initiate an opposition action against that final and binding judgment to seek the revocation of the portion of such judgment prejudicial to him/her, except where such party should seek remedies through other legal proceedings.
Article 507-2
In matters of a third-party opposition action, the original court which entered the opposed judgment has exclusive jurisdiction.
In matters of a third-party opposition action jointly filed against the judgments entered on the same matter by courts of different instances, or merely against the judgment entered by the superior court, the original court of second instance has exclusive jurisdiction. Where no judgment has ever been entered by the court of second instance, the original court of first instance has exclusive jurisdiction.
Article 507-3
No third-party opposition proceeding operates to stay the execution of the original final judgment with binding effect. Notwithstanding, where necessary or on motion, the court may, after ordering an appropriate and solid security, stay the effectuation of the original judgment with regard to the prejudicial portion by a ruling to the extent stated in the demand made.
An interlocutory appeal may be taken from the ruling provided in the preceding paragraph.
Article 507-4
Where the court finds the third-party opposition action meritorious, it shall revoke the portion of the original final and binding judgment which is prejudicial to that third party and, if necessary, according to the third party's demand and within the scope of the revoked portion, enter a judgment to amend the original judgment.
In cases provided in the preceding paragraph, the original judgment shall still take effect between the parties to the original action, except where the claim of action must be adjudicated jointly with regard to the parties to that original action and the third party who initiated the third-party opposition action.
Article 507-5
The provisions of the first and the second paragraphs of Article 500, Articles 501 to 503 inclusive, Articles 505 and 506 shall apply mutatis mutandis to a third-party opposition action.
PART VI DEMAND PROCEEDING
Article 508
In cases where the object of a creditor's claim is the performance of a certain amount of payment in cash, other replaceable things or securities, a creditor may apply to the court for issuance of a payment order in accordance with the demand proceeding.
Applications for the issuance of a payment order and the handling thereof may be conducted through computer or other developed technological equipment as available. The Judicial Yuan shall prescribe the relevant rules.
Article 509
No demand proceeding may be applied for in cases where the counter-prestation which should be performed by the applicant is not yet performed, or the service of the payment order must be effected either in a foreign country or by constructive notice.
Article 510
In matters of applications for the issuance of a payment order, the court which had jurisdiction over the debtor when he/she was a defendant in accordance with the provisions of Article 1, Article 2, Article 6 or Article 20 has exclusive jurisdiction.
Article 511
An application for the issuance of a payment order shall specify the following matters:
1. The parties and their statutory agents;
2. The object of the claim and the amount thereof;
3. The transactions or occurrences giving rise to such claim, and the status of performance of counter-prestation, if any;
4. A statement that a payment order should be issued; and
5. The court.
A preliminary showing shall be made on the creditor's pleadings.
Article 512
The court shall issue a ruling upon the application for issuance of a payment order without examining the debtor.
Article 513
Where the application for the issuance of a payment order does not conform to the requirements provided in Article 508 to Article 511 inclusive, or where the creditor's claim is found meritless according to the intention represented in the application, the court by a ruling shall deny such application. Where no payment order should be issued with regard to a specific portion of the claim, the application shall be partially denied with regard to that portion.
The ruling provided in the preceding paragraph is not reviewable.
Article 514
The payment order shall indicate the following matters:
1. The matters provided in the first to the third subparagraphs inclusive and the fifth subparagraph of Article 511;
2. The debtor shall satisfy the creditor's claim and reimburse the proceeding expenses, or file an objection to the payment order with the issuing court within the peremptory period of twenty days following the service of the payment order.
3. If no objection is filed by the debtor within the peremptory period, the creditor may petition for a compulsory execution in accordance with the payment order issued by the court and a certificate that proves such an order is final and binding.
The indication of the matters provided in the third subparagraph of the first paragraph of Article 511 may be substituted with the application pleading annexed as an appendix to the payment order.
Article 515
A payment order shall cease to be operative if it cannot be served upon the debtor within three months after it is issued.
In cases as provided in the preceding paragraph, where the court has issued a final-and-binding order certificate in error, and where such a certificate is revoked within five years, starting from the date recorded on the certificate, the court should notify the creditor of such an action. If the creditor initiates an action within the 20-day peremptory period after the notification is received, it is deemed that an action has been initiated when the motion for a payment order is filed; the same principle shall apply to the event when the action is initiated before the receipt of the notification.
In cases as provided in the preceding paragraph, the costs for demand proceedings shall be included as a part of litigation costs or mediation procedure costs.
Article 516
The debtor may file with the issuing court an objection to the payment order in whole or in part without stating the reason therefor within the peremptory period of twenty days following the service of the payment order.
The debtor may withdraw the objection prior to a successful mediation or the conclusion of the oral argument in the first court instance, but shall bear the mediation expenses or litigation expenses.
Article 517
(Repealed.)
Article 518
Where the debtor does not file an objection to the payment order until after the expiration of a twenty day peremptory period, the court by a ruling shall deny such objection.
Article 519
Where the debtor files an objection to the payment order within the peremptory period and in conformity with the law, the payment order shall take no effect to the extent of the objection. In such cases, the creditor's application for issuance of the payment order shall be deemed the initiation of the action or the application for mediation.
In cases provided in the preceding paragraph, the demand proceeding expenses shall be included as a part of the litigation expenses or mediation proceeding expenses.
Article 520
(Repealed.)
Article 521
In cases where the debtor fails to file an objection to the payment order within the peremptory period and in conformity with the law, the payment order shall be the writ of execution.
In cases as provided in the preceding paragraph, the court that adjudicates such a ruling shall provide the final and binding certificate of such a ruling.
Where the debtor claims that the creditors' rights, as stated on the payment order, do not exist and proceeds to file a petition for a declaratory judgment, the court may, on the debtor's motion, permit the debtor to provide an appropriate and solid security, and put a stay on the compulsory execution.
PART VII PROVISIONAL REMEDIES PROCEEDING
Article 522
A creditor may apply for provisional attachment with regard to monetary claims or claims exchangeable for monetary claims for purposes of securing the satisfaction of a compulsory execution.
The application provided in the preceding paragraph may be made with regard to claims subject to a condition or time.
Article 523
No provisional attachment is to be granted unless there is a showing of the impossibility or extreme difficulty to satisfy the claim by compulsory execution in the future.
In cases where the compulsory execution must be performed in a foreign country, extreme difficulty shall be deemed to be shown.
Article 524
The court having jurisdiction over the principal case, or the court at the place where the object of the provisional attachment is located, has jurisdiction over the application for provisional attachment.
The court having jurisdiction over the principal case shall be the court of first instance in which the action is pending or to be pending. Notwithstanding, where the action is pending in a court of second instance, that court of second instance is deemed to be the court having jurisdiction over the principal case.
Where the object of the provisional attachment is a creditor's right, or a proprietary right which must be registered, the place where the object of the provisional attachment is located shall be the place where the debtor domiciles or the object of security therefor is located or registered.
Article 525
An application for provisional attachment shall specify the following matters:
1. The parties and their statutory agents;
2. The claim and the transactions or occurrences giving rise to such claim;
3. The ground for the provisional attachment; and
4. The court.
In cases where the claim is not represented by a fixed dollar amount, the value thereof shall be indicated.
In cases where the court at the place where the object of the provisional attachment is located exercises jurisdiction over the application, that object of provisional attachment and the place where it is located must be indicated.
Article 526
A preliminary showing of the claim and the ground for the provisional attachment must be made.
In cases of insufficiency in the preliminary showing provided in the preceding paragraph, where the creditor has represented willingness to provide a security or where it is deemed appropriate by the court, the court may assess an amount for the security and issue a ruling for a provisional attachment upon the creditor's provision of such security.
The court may still order the creditor to provide a security for the provisional attachment sought despite the fact that the preliminary showing of the claim and the ground for the provisional attachment has been made by the creditor.
Where a husband or a wife petitions for a provisional attachment, based on the right to claim for distribution of the remainder of a husband and wife's property, the dollar amount ordered by the court for security, as described in the preceding paragraph, shall not be more than one tenth of the petitioned amount.
Article 527
A provisional attachment ruling shall provide that the debtor may be exempt from or move for revocation of the ruling by providing the court-assessed countersecurity or by lodging the amount claimed.
Article 528
An appeal may be taken from the ruling made with regard to the application for provisional attachment.
The superior court shall, before issuing the ruling, accord the creditor and the debtor an opportunity to be heard.
Where the appeal is considered meritorious, the superior court shall promptly rule on the claim asserted in that appeal.
No appeal taken from a ruling granting provisional attachment operates to affect the performed execution of the provisional attachment until a ruling denying the application for such provisional attachment is issued and becomes final and binding.
Article 529
In cases where the principal action is yet to be initiated, the court issuing the provisional attachment ruling shall, on the debtor's motion, order the creditor to initiate the action within a designated period of time.
Each of the following acts shall operate as the initiation of the action provided in the preceding paragraph:
1. Applying for issuance of a payment order in accordance with the demand proceeding;
2. Applying for mediation in accordance with the provisions of this Code;
3. Making the demand provided in the second paragraph of Article 395;
4. Instituting an arbitration proceeding in accordance with the applicable laws;
5. Performing other preliminary proceeding which is required by the applicable laws to be performed prior to the initiation of an action;
6. Where an application for provisional attachment is based on the right to claim for distribution of the remainder of a husband and wife's property and having applied for declaration of the separation of property regime in accordance with the provision of Article 1010 of the Civil Code.
In cases provided in the sixth subparagraph of the preceding paragraph, the creditor shall, within ten days from the day when the ruling declaring the separation of property regime becomes final and binding, initiate an action to claim for distribution of the remainder of husband and wife's property.
Where the creditor has failed either to initiate the action within the designated period of time provided in the first paragraph or to comply with the provision of the preceding paragraph, the debtor may move for revocation of the provisional attachment ruling to the court issuing such ruling.
Article 530
The debtor may move for revocation of the provisional attachment ruling where the grounds for provisional attachment has vanished, or the judgment finding the creditor to be the defeated party in the principal action has become final and binding, or the circumstances requiring a ruling for provisional attachment have changed..
The provisions of the third and the fourth paragraphs of Article 528 shall apply mutatis mutandis to the revocation of the provisional attachment ruling provided in the preceding paragraph.
The creditor may move for revocation of the provisional attachment ruling.
The motions provided in the first paragraph and the preceding paragraph shall be made to the court ordering the provisional attachment or, where the principal action has been initiated, the court in which such principal action is pending.
Article 531
Where a provisional attachment ruling is revoked either by reason of being improper ab initio or by reason of the provisions of the fourth paragraph of Article 529 or the third paragraph of Article 530, the creditor shall compensate the debtor for any losses incurred from the provisional attachment or the provision of a countersecurity.
Where an action has been initiated with regard to the claim secured by the provisional attachment, the court of first instance shall, on the debtor's motion made before the conclusion of the oral argument, order the creditor to make the compensation provided in the preceding paragraph in the judgment on the principal case. The court shall inform the debtor of the availability of such motion if he/she has not done so.
Article 532
A creditor may apply for a provisional injunction with regard to non-monetary claims for purposes of securing the satisfaction of compulsory execution.
A provisional injunction shall not be granted unless there is a showing of impossibility or extreme difficulty to satisfy the claim by compulsory execution in the future should there arise a change in the status quo of the claimed object.
Article 533
The provisions pertaining to provisional attachment shall apply mutatis mutandis to provisional injunction except as otherwise provided in Article 535 and Article 536.
Article 534
(Repealed.)
Article 535
The necessary means of effectuating a provisional injunction shall be determined in the court's discretion by a ruling to such effect.
The court may, by the ruling provided in the preceding paragraph, appoint a manager and order the debtor to conduct or prohibit the debtor from conducting specific acts.
Article 536
The court may provide in the provisional injunction ruling that the debtor may be exempt from, or move for revocation of, the ruling for provisional injunction by the debtor providing the court-assessed countersecurity only in cases where the claim secured by a provisional injunction may be satisfied by money payments or where the provisional injunction will result in irreparable material harm to the debtor or where there exist other special circumstances..
Even if the provisional injunction ruling does not so provide in accordance with the provision of the preceding paragraph, the debtor may still move the court to revoke that ruling upon its provision of a countersecurity.
The court shall accord the creditor an opportunity to be heard before issuing the rulings provided in the two preceding paragraphs.
Article 537
(Repealed.)
Article 537-1
Where the creditor has seized property or restrained the liberty of the debtor in accordance with the provision of Article 151 of the Civil Code, the creditor must immediately apply to the court for a ruling for provisional attachment or provisional injunction.
The court for the place where the property of the debtor is seized or where the liberty of the debtor is restrained has exclusive jurisdiction over the application provided in the preceding paragraph.
Article 537-2
The court shall immediately investigate and issue a ruling on the application provided in the first paragraph of the preceding article. Where the application does not fulfill the prerequisites provided in Article 151 of the Civil Code, or there exist other circumstances demanding a denial of such application, the court shall immediately deny such application by a ruling.
In cases where an application for provisional attachment or provisional injunction is made after the creditor has restrained the liberty of the debtor, the court may not issue a ruling granting the provisional attachment or provisional injunction sought without ordering the creditor and the debtor to present their oral statements.
Article 537-3
The creditor, in making the application in accordance with the provision of Article 537-1, shall forward the property seized or the debtor whose liberty is restrained to the court for handling, except where it is impossible to do so with a good cause shown.
The court shall appropriately handle the property or the debtor provided in the preceding paragraph before issuing the ruling and starting its execution. Notwithstanding, the liberty of the debtor must not be restrained for more than twenty-four hours from the time when he/she was forwarded to the court.
Where the creditor forwards either the property seized or the debtor whose liberty is restrained to the court in accordance with the provision of the first paragraph, the property shall be returned to the debtor or his/her liberty shall be restored when the court denies the creditor's application.
Article 537-4
Where a ruling for provisional attachment or provisional injunction is issued after the liberty of the debtor has been restrained, if the principal action has not yet been initiated, the creditor must initiate it within five days following the service of the ruling. Should the creditor fail to do so, the court issuing the ruling for provisional attachment or provisional injunction may, on motion or its own initiative, revoke that ruling.
Article 538
Where necessary for purposes of preventing material harm or imminent danger or other similar circumstances, an application may be made for an injunction maintaining a temporary status quo with regard to the legal relation in dispute.
The ruling provided in the preceding paragraph may be issued only where the legal relation in dispute may be ascertained in an action on the merits.
The injunction provided in the first paragraph may order certain prestation to be performed in advance.
The court shall accord the parties an opportunity to be heard before issuing the rulings provided in the first paragraph and the preceding paragraph, except where the court considers it inappropriate to do so.
Article 538-1
The court may, if it considers it necessary to do so, order an urgent disposition by a ruling on a motion before issuing the ruling provided in the first paragraph of the preceding article. As the court may designate, such disposition shall expire within a period not exceeding seven days. The duration of such disposition may be moved for an extension not exceeding three additional days.
The urgent disposition shall be automatically inoperative where the court denies an application for an injunction maintaining a temporary status quo before the expiration of the duration provided in the preceding paragraph. . Where an injunction maintaining a temporary status quo is granted, any part of the urgent disposition which is inconsistent with such injunction shall become inoperative.
The ruling provided in the first paragraph is not reviewable.
Article 538-2
In reversing or amending the ruling provided in the third paragraph of Article 538, the superior court shall, on motion by the appellant, simultaneously order the applicant to return the prestation received within the scope of the reversal or amendment. Where the prestation received was performed by money payment, the court shall, on motion, order the amount of interest due accrued from the time of receipt of such prestation to be added to the amount returned.
The ruling ordering the return provided in the preceding paragraph is not reviewable except in cases where a re-appeal has been taken from the superior court's ruling reversing or amending the ruling for an injunction maintaining a temporary status
The provisions of the two preceding paragraphs shall apply mutatis mutandis to the cases provided in the second paragraph of Article 538-1.
Article 538-3
Where a ruling for an injunction maintaining a temporary status quo is revoked by reason of the provision of Article 531, and the applicant is thus held liable for damages, upon applicant's proof of no fault on his/her part, the court may in its discretion lessen or discharge the applicant's liability.
Article 538-4
Except as otherwise provided, the provisions pertaining to provisional injunction shall apply mutatis mutandis to injunctions maintaining a temporary status.
PART VIII PUBLIC SUMMONS PROCEEDING
Article 539
A public summons for declaring rights may be applied for only with regard to securities negotiable by endorsement or other cases provided by law.
A pubic summons shall operate to abridge the rights of those who do not declare their rights.
Article 540
The court shall issue a ruling on an application for a pubic summons.
The court shall effectuate the public summons after granting the application therefor.
Article 541
The public summons shall indicate the following matters:
1.The applicant;
2.The period for declaring rights and a summons for timely declaration within that period;
3.The effects of abridgment of rights due to failure to declare rights; and
4.The court.
Article 542
The public notice effectuated under a public summons proceeding shall be posted on the bulletin board of the court and published in the official gazette, newspapers, or other similar means of communication.
The court shall determine the date or duration of publication in the official gazette, newspaper, or other similar means of communication provided in the preceding paragraph.
An applicant's failure to perform the publication provided in the preceding paragraph shall be deemed a voluntary withdrawal of the application for public summon.
Article 543
Except as otherwise provided by law, the period for a declaration of rights shall start to run for a period of two months or more from the last day of publication of the public notice publication in the official gazette, newspaper, or other similar means of communication.
Article 544
A declaration of rights made after the expiration of the period for declaring rights but before the entry of the judgment of abridgment of rights, shall have the same effect as one made within the period.
Article 545
Within three months after the expiration of the period for declaring rights, the applicant for public summon may apply for a judgment of abridgment of rights. Notwithstanding, an application filed before the period expires shall also take effect.
The oral-argument session to be held before the entering of the judgment of abridgment of rights shall also be notified to those who have declared rights.
Article 546
The court may, on its own initiative, conduct any necessary investigation before deciding on the application for a judgment of abridgment of rights.
Article 547
Denying an application for a judgment of abridgment of rights shall be made by a ruling.
Article 548
In cases where a declarer of rights disputes the rights asserted by the applicant for public summons, the court by a ruling shall, in its discretion, stay the public summons proceeding before a final and binding decision is entered on the rights declared by such declarer, or preserve the rights of such declarer in the judgment of abridgment of rights.
Article 549
Where the applicant for public summons has failed to appear at the oral-argument session, the court shall, on the applicant's motion, re-schedule a session.
No application provided in the preceding paragraph may be made after two months have elapsed since the defaulted oral-argument session.
The applicant who fails to appear at the re-scheduled session may not move to designate a further session.
Article 549-1
The applicant shall bear the proceeding expenses when the court enters a judgment of abridgment of rights, except for the expenses incurred from a declaration of rights, which shall be born by the declarer.
Article 550
The court shall effectuate a public notice of the purport of the judgment of abridgment of rights by appropriate means.
Article 551
No appeal may be taken from a judgment of abridgment of rights.
An action may be initiated against the applicant for public summons in the original court to seek revocation of the judgment of abridgment of rights in any of the following situations:
1. Where the public summons proceeding as effectuated is not authorized by the law;
2. Where no public notice is effectuated under the public summons proceeding, or the public notice is not effectuated in conformity with the law;
3. Where the public notice is not effectuated according to the period prescribed for a public summons proceeding;
4. Where the judge who entered the judgment of abridgment of rights should have voluntarily disqualified him/herself from the matter;
5. Where the rights declared have not been duly considered in the judgment;
6. Where there exist grounds for rehearing as provided in the seventh to the tenth subparagraphs inclusive of the first paragraph of Article 496.
Article 552
An action seeking revocation of a judgment of abridgment of rights must be initiated within a peremptory period of thirty days.
The period provided in the preceding paragraph starts to run from the time when the plaintiff knows of the existence of such judgment. Notwithstanding, where such action is to be initiated on the grounds provided in the fourth to the sixth subparagraphs inclusive of the preceding article and if the plaintiff was not aware of the existence of such grounds when knowing the existence of such judgment, the peremptory period shall start to run from the time when he/she knows the existence of such grounds.
No action seeking revocation of a judgment of abridgment of rights may be initiated five years after that judgment was announced.
Article 553
The provisions of Article 501, Article 502 and Article 506 shall apply mutatis mutandis to actions seeking revocation of a judgment of abridgment of rights.
Article 554
An appeal may be taken from the limitation or preservation of rights provided in the judgment of abridgment of rights.
Article 555
The court may order multiple applications for public summons to be consolidated.
Article 556
The provisions of Article 557 to Article 567 inclusive shall govern a public summons proceeding for the nullification of securities.
Article 557
The court for the place of performance designated in the securities has jurisdiction over the public summons proceeding. Absent such designated place of performance, the court having jurisdiction over the issuer of the securities as the defendant in accordance with the provisions of Article 1 or Article 2 shall have jurisdiction. Absent such court, the court having jurisdiction over actions in which the issuer is the defendant on the day of issuance of such securities in accordance with the relevant provisions shall have jurisdiction.
Article 558
The last holder of bearer securities or money orders with open endorsement may apply for public summons with regard to such securities.
A person who may assert rights based on the securities may apply for public summons with regard to securities other than those provided in the preceding paragraph.
Article 559
An applicant shall produce either a written copy, or a photocopy of the securities, or disclose the purport or other features sufficient to identify such securities, and make a preliminary showing of the fact and reason leading to the theft, loss or destruction of such securities or other circumstances giving rise to his/her right to make such application.
Article 560
The public summons must indicate that holders of the securities shall declare rights and produce the securities held by them within the designated period, and bear a note to the effect that failure to make a timely declaration and production will render the securities to be declared null.
Article 561
Except as provided in Article 542, the public notice effectuated under a public summons proceeding must be posted at the stock exchange, if any, at the place where the court is located.
Article 562
The designated period for declaring rights shall run for more than three months and not more than nine months from the last day of the publication of the public notice effectuated under the public summons proceeding in the official gazette, newspaper, or other similar means of communication.
Article 563
The court shall notify the applicant of the rights declared and the securities produced by the holders, and designate a period of time for the applicant to inspect the securities produced.
The public summons proceeding shall be concluded upon the applicant's acknowledgement of authentication of the securities produced and inspected. In such cases, the court clerk shall notify the same to the applicant and the declarer of rights.
Article 564
The judgment of abridgment of rights shall declare the nullification of the securities.
The court shall on its own initiative effectuate a public notice of the purport of the judgment of abridgment of rights in accordance with the provision of Article 561.
In cases where the announcement of nullification is revoked in an action seeking revocation of the judgment of abridgment of rights, the court effectuating the public summons shall on its own initiate a public notice thereof in accordance with the provision of the preceding paragraph after the judgment revoking the judgment of abridgment of rights becomes final and binding.
Article 565
The applicant may, after the judgment of abridgment of rights is entered, assert rights provided in the securities against those persons who are obliged under such securities.
Performance made under a judgment of abridgment of rights may be asserted against the creditor or a third person after such judgment is revoked except where the revocation of that judgment is known when the performance was made.
Article 566
In cases where the court grants an application for public summons for the nullification of bearer's securities, the court shall, on motion and without oral argument, issue an order prohibiting payments by the issuer of such securities.
The order provided in the preceding paragraph shall contain a note of the fact that the public summons has been effectuated.
A public notice of the order provided in the first paragraph shall be effectuated in accordance with the provision of Article 561 which shall apply mutatis mutandis.
Article 567
In cases where the public summons proceeding is concluded without a judgment of abridgment of rights due to production of securities or any other reason, the court shall by a ruling on its own initiative revoke the order prohibiting payments.
A public notice of the revocation of the order prohibiting payments shall be effectuated in accordance with the provision of Article 561 which shall apply mutatis mutandis.
PART IX ACTIONS CONCERNING PERSONAL AFFAIRS (Repealed.)
CHAPTER I ACTIONS CONCERNING MARRIAGE (Repealed.)
Article 568
(Repealed.)
Article 569
(Repealed.)
Article 570
(Repealed.)
Article 571
(Repealed.)
Article 571-1
(Repealed.)
Article 572
(Repealed.)
Article 572-1
(Repealed.)
Article 573
(Repealed.)
Article 574
(Repealed.)
Article 575
(Repealed.)
Article 575-1
(Repealed.)
Article 576
(Repealed.)
Article 577
(Repealed.)
Article 578
(Repealed.)
Article 579
(Repealed.)
Article 580
(Repealed.)
Article 581
(Repealed.)
Article 582
(Repealed.)
Article 582-1
(Repealed.)
CHAPTER II ACTIONS CONCERNING PARENT-CHILD RELATIONSHIP (Repealed.)
Article 583
(Repealed.)
Article 584
(Repealed.)
Article 585
(Repealed.)
Article 586
(Repealed.)
Article 587
(Repealed.)
Article 588
(Repealed.)
Article 589
(Repealed.)
Article 589-1
(Repealed.)
Article 590
(Repealed.)
Article 590-1
(Repealed.)
Article 591
(Repealed.)
Article 592
(Repealed.)
Article 593
(Repealed.)
Article 594
(Repealed.)
Article 595
(Repealed.)
Article 596
(Repealed.)
CHAPTER III INTERDICTION PROCEEDING (Repealed.)
Article 597
(Repealed.)
Article 598
(Repealed.)
Article 599
(Repealed.)
Article 600
(Repealed.)
Article 601
(Repealed.)
Article 602
(Repealed.)
Article 603
(Repealed.)
Article 604
(Repealed.)
Article 605
(Repealed.)
Article 606
(Repealed.)
Article 607
(Repealed.)
Article 608
(Repealed.)
Article 609
(Repealed.)
Article 609-1
(Repealed.)
Article 610
(Repealed.)
Article 611
(Repealed.)
Article 612
(Repealed.)
Article 613
(Repealed.)
Article 614
(Repealed.)
Article 615
(Repealed.)
Article 616
(Repealed.)
Article 616-1
(Repealed.)
Article 617
(Repealed.)
Article 618
(Repealed.)
Article 619
(Repealed.)
Article 620
(Repealed.)
Article 621
(Repealed.)
Article 622
(Repealed.)
Article 623
(Repealed.)
Article 624
(Repealed.)
Article 624-1
(Repealed.)
Article 624-2
(Repealed.)
Article 624-3
(Repealed.)
Article 624-4
(Repealed.)
Article 624-5
(Repealed.)
Article 624-6
(Repealed.)
Article 624-7
(Repealed.)
Article 624-8
(Repealed.)
CHAPTER IV DECLARATION OF DEATH (Repealed.)
Article 625
(Repealed.)
Article 626
(Repealed.)
Article 627
(Repealed.)
Article 628
(Repealed.)
Article 629
(Repealed.)
Article 630
(Repealed.)
Article 631
(Repealed.)
Article 632
(Repealed.)
Article 633
(Repealed.)
Article 634
(Repealed.)
Article 635
(Repealed.)
Article 636
(Repealed.)
Article 637
(Repealed.)
Article 638
(Repealed.)
Article 639
(Repealed.)
Article 640
(Repealed.)