FAQ Archives - Page 76 of 94 - Ohara & Furukawa

February 24, 2016

How do you respond to a legal complaint in Japan?

Lawsuits begin with the plaintiff filing a complaint again the defendant. After receiving a copy of the complaint, the defendant must file an answer. The answer should be submitted to the court and to the opposing party and it should provide the defendant’s version of the facts of the case including what parts of the complaint the defendant disagrees with or believes are untrue.

February 24, 2016

What happens at oral argument?

Oral argument provides an opportunity for both parties to a lawsuit to present their cases before a judge. If either the plaintiff or the defendant fails to show up, either the complaint or the answer may be substituted for their argument. Any facts admitted to by both parties are considered as true, but any disputed facts must be proven through evidence. Normally both the plaintiff and the defendant will be represented by lawyers during the oral argument. After oral argument the judge may arrange further proceedings or issue a judgment immediately depending on how clear the facts of the case […]

February 24, 2016

In Japan is there a system of tiered courts to hear the appeals from lower courts?

There are four levels to the Japanese judicial system. The lowest level courts are called Summary Courts, which hear small cases and are the most prevalent type of court in Japan.

February 24, 2016

What are the high courts and what do they do?

High courts are located in eight major cities in Japan: Tokyo, Osaka, Nagoya, Hiroshima, Fukuoka, Sendai, Sapporo and Takamatsu. Parties who need to litigate in these courts, but live outside of these cities, need to commute to one of these courts or hire a local lawyer to bring their case. Unlike the single judge courts that hear lower level cases, cases in the high courts are heard by a three judge panel.