pre-trial

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.

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.

The response brief is the first document that a defendant files after being sued.  Similar to the plaintiff’s complaint, the answer is the defendant’s first chance to present his or her argument.

Litigation can be a time consuming process.  Sometimes, during the course of a lawsuit, the situation may change and the plaintiff may have reason to withdraw the lawsuit.  This may be because the parties may have reached an agreement out of court or maybe the plaintiff no longer wants to invest time or money in continuing the litigation.  In circumstances such as these, the plaintiff is entitled to withdraw the litigation at any time before the judgment becomes final.