Civil Procedure
This section covers civil procedure. The exam tests jurisdiction, pleadings, service, evidence, trial conduct, judgments, appeals, and enforcement.
Core rules
- A court needs jurisdiction. Japan uses defendant-domicile and claim-related jurisdiction, with special rules for business disputes and consumer cases. An exclusive jurisdiction clause may be valid if reasonable.
- A claim starts with a complaint stating parties, claim, and cause. Service triggers the defendant's answer. The court conducts oral proceedings, identifies issues, and examines evidence.
- The burden of proof lies on the party asserting facts. Documentary evidence and witness examination are central. A judgment with res judicata binds the parties; appeals go to the high court and Supreme Court.
- Provisional remedies and enforcement secure rights pending or after judgment.
Worked example
A supplier sues a buyer in Tokyo for unpaid invoices. The buyer argues the goods were defective. The supplier must prove the contract and delivery; the buyer must prove non-conformity and timely notice. If the buyer only asserts defect without evidence, the court may order payment. A counterclaim for damages must be pleaded and evidenced.
Traps
Do not confuse jurisdiction with venue. Do not ignore service defects. Do not assume the judge investigates facts; parties present evidence. Do not miss appeal deadlines or res judicata effects.