The complaint is one of the most critical documents filed in litigation. It is the first filing made by the plaintiff and contains the plaintiff’s goals, reasoning and supporting evidence. It is also the first document received by the defendant to inform him or her about the litigation. Therefore, a mistake in the complaint can have drastic consequences.
If there is a defect in the complaint the judge may give the plaintiff a chance to correct it. However, if the plaintiff fails to correct the complaint, the judge dismiss the entire case. It is important to keep in mind that the judge will only offer a chance to fix complaints that have grave mistakes in them that prevent the lawsuit from moving forward. If the plaintiff makes a mistake in his or her legal argument or request for relief, the judge will not necessarily point this out to the parties. Therefore it is important to have an experience and reliable lawyer draft your complain in order to ensure that it meets legal standards and accurately reflects your goals.
If you have questions about pre-trial proceedings in Japan, please contact our office for a legal consultation.