TRIAL OF SMALL CLAIMS ACT
Act No. 2547, Feb. 24, 1973
Amended by Act No. 2821, Dec. 31, 1975
Act No. 3246, Jan. 4, 1980
Act No. 4205, Jan. 13, 1990
Act No. 5166, Nov. 23, 1996
Act No. 6410, Jan. 29, 2001
Act No. 6630, Jan. 26, 2002
Act No. 7427, Mar. 31, 2005
The purpose of this Act is to prescribe special cases of the Civil Procedure Act for the purpose of dealing with small civil claims rapidly by using simple procedures in district courts and their branch courts.
| Article 2 (Scope of Application, etc.) |
| (1) | This Act shall apply to civil cases provided by the Supreme Court Regulations (hereinafter referred to as the "small claims") among cases under the jurisdiction of district courts and their branch courts. <Amended by Act No. 2821, Dec. 31, 1975; Act No. 3246, Jan. 4, 1980> |
| (2) | The cases referred to in paragraph (1), except as otherwise prescribed in this Act, shall be applied by the provisions of the Civil Procedure Act. |
| Article 3 (Final Appeal and Reappeal) |
A final appeal or reappeal against a judgment to the Supreme Court, the decision or order on small claims rendered by a collegiate division of a district court as the second instance, shall be made only in a case falling under any of the following subparagraphs:
| 1. | Where the decision on the constitutionality of Acts, orders, regulations or dispositions and the decision on the legality of orders, regulations or dispositions are deemed unfair; and |
| 2. | Where the decision is in contravention of the judicial precedents of the Supreme Court. |
| Article 4 (Institution of Action by Oral Statement) |
| (1) | An action may be instituted by oral statements. |
| (2) | If any person institutes an action by oral statements, it shall be made in the presence of an administrative officer, a junior administrative officer, a chief clerk or a senior clerk of a court (hereinafter referred to as the "junior administrative officer, etc. of a court"). <Amended by Act No. 6410, Jan. 29, 2001> |
| (3) | In the case of paragraph (2), the junior administrative officer, etc. of a court shall draw up a protocol for the institution of an action and affix his name and seal thereon. <Amended by Act No. 6410, Jan. 29, 2001> |
| Article 5 (Institution of Action by Voluntary Appearance) |
| (1) | Both parties may appear in the court voluntarily, and plead for an action. |
| (2) | In the case of paragraph (1), the institution of an action shall be made by oral statements. |
| Article 5-2 (Restriction of Partial Claim) |
| (1) | With respect to a claim for the purpose of payment of a fixed quantity, such as money, other fungibles and securities, a creditor shall not partition and request only part of his claim, so as to qualify the claim under the Trial of Small Claims Act. |
| (2) | A claim infringing the provisions of paragraph (1) shall be dismissed by a court judgement. |
[This Article Newly Inserted by Act No. 4205, Jan. 13, 1990]
| Article 5-3 (Recommendation of Performance by Decision) |
| (1) | A court may, in case where an action is instituted, recommend the defendant to perform according to the gist of claim, by annexing a duplicate of bill or a transcript of protocol for the institution of action by a decision: Provided, That this shall not apply to the case falling under any of the following subparagraphs: |
| 1. | Where it has switched over to the procedure for instituting an action from the procedure for urging or arbitration; |
| 2. | Where gist or count of the claim is obscure; and |
| 3. | Where deemed that it is improper to recommend a performance. |
| (2) | On a decision on performance recommendation, the parties concerned, legal representative, gist and count of claim, and performance items shall be written, and a possibility for the defendant to file an objection and the purport of validity of decision on performance recommendation shall be written in addition. |
| (3) | The junior administrative officer, etc. of a court shall forward a transcript of a decision on performance recommendation to the defendant: Provided, That such a forwarding shall not be made by the methods as stipulated in Articles 187 and 194 through 196 of the Civil Procedure Act. <Amended by Act No. 6630, Jan. 26, 2002> |
| (4) | A court shall, in case where the transcript of a decision on performance recommendation may not be forwarded to the defendant unless relying upon the methods as stipulated in Articles 187 and 194 through 196 of the Civil Procedure Act, without delay designate a legal date for pleading. <Amended by Act No. 6630, Jan. 26, 2002> |
[This Article Newly Inserted by Act No. 6410, Jan. 29, 2001]
| Article 5-4 (Objection against Decision on Performance Recommendation) |
| (1) | The defendant may, within 2 weeks from the date of receiving a transcript of a decision on performance recommendation, file an objection in writing: Provided, That he may file an objection even before receiving such a transcript. |
| (2) | The time limit under paragraph (1) shall be a peremptory period. |
| (3) | A court shall, in case where an objection is filed under paragraph (1), without delay designate a legal date for pleading. |
| (4) | The defendant who has filed an objection may withdraw the objection not later than before the pronouncement of judgment of first instance. |
| (5) | In case where the defendant has filed an objection, he shall be regarded as disputing the averment of the claimant. |
[This Article Newly Inserted by Act No. 6410, Jan. 29, 2001]
| Article 5-5 (Dismissal of Objection) |
| (1) | A court shall, in case where deemed that an objection is not legal, dismiss it by a decision unless such a defect may be revised. |
| (2) | Against the decision under paragraph (1), an immediate appeal may be made. |
[This Article Newly Inserted by Act No. 6410, Jan. 29, 2001]
| Article 5-6 (Later Supplement to Objection) |
| (1) | The defendant may, in case where he has been unable to file an objection within the term under Article 5-4 (1) due to unavoidable reasons, make a further supplement to his objection within 2 weeks after such reasons vanish: Provided, That for the defendant who is in a foreign country when such reasons vanish, such term shall be for 30 days. |
| (2) | The defendant shall, concurrently with filing an objection, make a clear explanation in writing on the reasons for such further supplements. |
| (3) | A court shall, in case where deemed that the reasons for further supplements are groundless, dismiss such an objection by its decision. |
| (4) | Against the decision under paragraph (3), an immediate appeal may be made. |
| (5) | The provision of Article 500 of the Civil Procedure Act shall apply mutatis mutandis in case where the further supplements are made to the objection. <Amended by Act No. 6630, Jan. 26, 2002> |
[This Article Newly Inserted by Act No. 6410, Jan. 29, 2001]
| Article 5-7 (Validity of Decision on Performance Recommendation) |
| (1) | A decision on performance recommendation shall, in case where it falls under any of the following subparagraphs, be valid equal to an irrevocable judgment: |
| 1. | Where the defendant fails to file an objection within the term under Article 5-4 (1); |
| 2. | Where the ruling of dismissing an objection becomes final; and |
| 3. | Where an objection is withdrawn. |
| (2) | The junior administrative officer, etc. of a court shall, in case where the decision on performance recommendation becomes valid equal to an irrevocable judgment, forward the formal copy of the decision on performance recommendation to the claimant. |
| (3) | The decision on performance recommendation which does not fall under paragraph (1) shall lose its validity when the pronouncement of judgment is made at the court of first instance. |
[This Article Newly Inserted by Act No. 6410, Jan. 29, 2001]
| Article 5-8 (Special Cases on Compulsory Execution Based upon Decision on Performance Recommendation) |
| (1) | A compulsory execution based upon the decision on performance recommendation shall be conducted by the formal copy of the decision under Article 5-7 (2), without obtaining a delivery of the written execution: Provided, That this shall not apply to the case falling under any of the following subparagraphs: |
| 1. | Where a condition is attached to the execution of a decision on performance recommendation; |
| 2. | Where a compulsory execution is made for a successor to the parties concerned; and |
| 3. | Where a compulsory execution is made on a successor to the parties concerned. |
| (2) | In case where a claimant applies for many formal copies of the decision on performance recommendation, or again applies for an formal copy of the decision on performance recommendation without returning the formal copy of the decision on performance recommendation which has been delivered earlier, the junior administrative officer, etc. of a court shall deliver them. In this case, the reasons therefor shall be written on the original copy and formal copy. |
[This Article Newly Inserted by Act No. 6410, Jan. 29, 2001]
| Article 6 (Service of Complaint) |
The duplicate of complaint or the transcript of protocol for the institution of an action shall be served without delay on the defendant: Provided, That in case where the duplicate of a decision on performance recommendation is forwarded to the defendant, the duplicate of complaint or the transcript of protocol for the institution of an action shall be considered to have been forwarded.
[This Article Wholly Amended by Act No. 6410, Jan. 29, 2001]
| Article 7 (Designation, etc. of Legal Date) |
| (2) | The judge shall, in the case of paragraph (1), endeavor to finish the trial with only one legal date for pleading, as fast as possible. |
| (3) | For achieving the goal under paragraph (2), the judge may take necessary steps, such as having the party concerned file an application for evidence, etc. even before the legal date for pleading. |
[This Article Wholly Amended by Act No. 6630, Jan. 26, 2002]
| Article 7-2 (Opening of Trial on Public Holidays and at Night) |
A judge may, if necessary, open a court after office hours and on public holidays.
[This Article Newly Inserted by Act No. 4205, Jan. 13, 1990]
| Article 8 (Special Provisions on Attorney) |
| (1) | A spouse, lineal relative by blood or brother and sister of the party concerned may be an attorney without permission of the court. <Amended by Act No. 7427, Mar. 31, 2005> |
| (2) | The attorney referred to in paragraph (1) shall prove in writing his relationship with or authorization from the parties concerned: Provided, That in connection with the authorization, when the party concerned appoints an attorney who is referred to in paragraph (1) in the presence of the judge by an oral statement, and the junior administrative officer, etc. of a court records this relationship in the protocol, the attorney does not have to prove his authorization. <Amended by Act No. 6410, Jan. 29, 2001> |
| Article 9 (Special Provisions in Trial Procedure) |
| (1) | When it is evident that a claim has no reason in the light of the complaint, pleadings and other records of trial, a court may dismiss the claim without oral proceedings. |
| (2) | Although there may be a change of judge, a court may render a decision without a renewal of the oral proceedings. |
| Article 10 (Special Provisions on Examination of Evidence) |
| (1) | A judge may, if he deems it necessary, conduct an examination of evidence ex officio: Provided, That the judge shall hear the opinions of the parties concerned in connection with the results of an examination of evidence. |
| (2) | A witness shall be examined by the judge: Provided, That the parties concerned may examine a witness after informing a judge thereof. |
| (3) | The judge may, if he deems it suitable, have the parties concerned submit papers in lieu of an examination of a witness and appraiser. |
| (4) | Deleted. <by Act No. 6630, Jan. 26, 2002> |
| Article 11 (Record Omission of Protocol) |
| (1) | Apart from the cases where an objection of the party concerned exists, if it is permitted by a judge, the matters necessary for recording may be omitted in a protocol. |
| (2) | In connection with observance, compromise, compliance, renunciation, withdrawal and confession of provisions on the method of pleading, the provisions referred to in paragraph (1) shall not apply. |
| Article 11-2 (Special Cases on Judgment) |
| (1) | A judicial sentence may be announced immediately after the closing of pleading. |
| (2) | In pronouncing a decision, a judge shall read the text of the judgement and explain the gist of the reason for such decision orally, to the extent that the text of the judgement can be recognized to be fair and just. |
| (3) | Notwithstanding the provisions of Article 208 of the Civil Procedure Act, the reasons for the decision do not have to be recorded in the judgment document. <Amended by Act No. 6630, Jan. 26, 2002> |
[This Article Newly Inserted by Act No. 4205, Jan. 13, 1990]
| Articles 12 through 14 Deleted.<by Act No. 4205, Jan. 13, 1990> |
| Article 15 Deleted.<by Act No. 5166, Nov. 23, 1996> |
| Article 16 (Enforcement Regulations) |
Matters necessary for the enforcement of this Act shall be provided by the Supreme Court Regulations.
ADDENDA
| (1) | (Enforcement Date) This Act shall enter into force on September 1, 1973. |
| (2) | (Transitional Measures) This Act shall apply to cases of small claims pending in the district courts and the branch courts of a district court at the time when this Act enters into force: Provided, That this shall not influence the effect of any procedural act before the enforcement of this Act. |
| (3) | (Idem) A final appeal or reappeal pending in the Supreme Court at the time when this Act enters into force, shall be dealt with by reference to previous cases. |
ADDENDA<Act No. 2821, Dec. 31, 1975>
| (1) | This Act shall enter into force on January 1, 1976. |
| (2) | Cases pending in the court at the time when this Act enters into force shall be dealt with by reference to previous cases. |
ADDENDA<Act No. 3246, Jan. 4, 1980>
| (1) | (Enforcement Date) This Act shall enter into force on February 1, 1980. |
| (2) | (Transitional Measures for Cases Pending in Court) Cases pending in the district courts and the branch courts of a district court at the time when this Act enters into force shall be dealt with by reference to previous cases. |
ADDENDUM<Act No. 4205, Jan. 13, 1990>
This Act shall enter into force on September 1, 1990.
ADDENDUM<Act No. 5166, Nov. 23, 1996>
This Act shall enter into force on the date of its promulgation.
ADDENDUM<Act No. 6410, Jan. 29, 2001>
This Act shall enter into force on the date of its promulgation.
ADDENDUM<Act No. 6630, Jan. 26, 2002>
This Act shall enter into force on July 1, 2002.
ADDENDA<Act No. 7427, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That ...<Omitted.>... the provisions of Article 7 of the Addenda (paragraphs (2) and (29) of the said Article shall be excluded) shall enter into force on January 1, 2008. Articles 2 through 7 Omitted.