Digitalization of Civil Litigation Procedures in Japan

II. Conducting oral arguments and witness examinations using web conferencing

Previously, teleconferencing systems were commonly used in preparatory proceedings to arrange issues and evidence, but was limited to parties who were domiciled or resided far from the courts. It was also limited by requiring at least one party to appear in court. Under the amended Code of Civil Procedure and changes which came into effect from March 1, 2021, both parties may now attend preparatory proceedings via web or teleconference without appearing in court, regardless of their distance. In addition, since 2020, Japanese courts have introduced Microsoft Teams to hold preparatory proceedings for arranging issues and evidence, with many courts actively using the platform to hold such proceedings.

Furthermore, under the amended Code of Civil Procedure and changes which came into effect from March 1, 2022, if the court finds it to be appropriate, after hearing the opinion of the parties, the court may conduct the proceedings on the date for oral arguments via web conference. Notwithstanding this, the Constitution of Japan still provides that trials shall be conducted and judgments declared publicly. Therefore, even if the parties use web conferencing on those dates for oral arguments, the judge must be present in the courtroom, and observers be given the opportunity to attend oral argument dates by viewing the web conference from the courtroom.

Additionally, while witness examinations are generally required to be conducted in person in court, after the implementation of the amended Code of Civil Procedure by next year, the court may examine witnesses via web conference if the court finds it to be appropriate and neither party objects to the use of web conferencing.

III. Filing of complaints and service of documents online

To file a complaint, it is currently necessary to prepare a written complaint and evidence on paper and submit the documents to the court in person or by mail. Filing fees also have to be paid by purchasing revenue stamps and affixing them to the complaint. After the implementation of the amended Code of Civil Procedure by next year, it will be possible to file complaints and pay the relevant filing fees online. For attorneys filing lawsuits on behalf of a plaintiff, the use of online filings will be mandatory, however, a plaintiff may still personally file in paper form even after the amendment is introduced, to ensure everyone has proper access to judicial services.

Under the new amendments, the service of documents (including complaints filed online) will continue to be undertaken in the same manner as complaints that are filed in paper form, by physically serving copies of the documents on the recipient. However, if the recipient to be served has submitted a notification consenting to online service in advance, service may be made online. In that case, service takes effect when the person views or downloads the documents, or one week after notification that documents have been electronically delivered.

IV. Digitalization of court records and inspection of electronic records

Previously, court records stored at the courthouse consisted of paper documents submitted by the parties in person, by mail, or by fax. Therefore, to inspect court records, one had to visit the courthouse and request to inspect the original paper court records. After the amended Code of Civil Procedure comes into effect by next year, court records will be digitally stored on a server maintained by the court. Parties to a case and interested third parties may inspect the court records electronically on their own computers, while other third parties may inspect the electronic records on computers maintained by the court.

V. Conclusion

The implementation of the amended Code of Civil Procedure will significantly digitalize Japan’s civil litigation system, enhancing efficiency of civil litigation procedures. However, many aspects of its implementation remain uncertain at this stage, and it is necessary to closely monitor the developments.