A judgment at trial declares a winner and a loser to the lawsuit but the losing party still has an opportunity to continue the fight. The losing party may file an appeal with a court of second instance and ask this higher court to review the decision made by the trial judge.
The reason for requesting an appeal can be anything from an incorrect application of the law by the trial court or newly discovered evidence that affects the judgment. The appeal is considered an extension of the trial, but since most issues will usually have been resolved by the first trial, the appeal focuses on the mistakes alleged by the losing party. At the end of the appeal the court may either reverse the decision of the trial court or uphold it and dismiss the appeal.
If you have questions about litigation in Japan, please contact our office for a legal consultation.