What is the technical adviser’s role in Japanese court?

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These days many lawsuits are filed to settle disputes regarding complex technical issues in fields such as medicine, construction or intellectual property.  For cases such as these, Japanese law was modified in 2003 to allow the court may arrange for the participation of a technical adviser in the proceedings to explain issues and evidence.  The technical adviser can better help the court and the parties understand the complex technical issues involved in the case.

In addition, in contrast to the parties’ expert witnesses, the technical adviser can provide an objective view of the complex issues the lawsuit must resolve.  The participation of a technical adviser greatly aids the court in planning the upcoming lawsuit but the explanations given by technical advisers may not be considered by the court as part of the basis for judgment.

If you have questions about pre-trial proceedings in Japan, please contact our office for a legal consultation.