litigation and ADR

A lawsuit in Japan starts with the filing of a complaint by the injured party. The complaint should be filed with a court that has jurisdiction over the case and should state certain critical components of the case, such as what the complaining party is asking for and why, as well as listing any evidence that supports the claim.

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.

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 […]