trial

Trial courts in Japan normally have one judge but appeals are heard by a panel of three judges.  These three judges reach their judgment on a majority vote.  Therefore, it is possible to still have a victorious result on appeal even though one judge does not agree with your position.

A judgment at trial declares a winner and a loser to the lawsuit but the losing party still has an opportunity to continue the fight.  The losing party may file an appeal with a court of second instance and ask this higher court to review the decision made by the trial judge.

Vigorously defending a client’s interests at trial is what many people consider to be the defining feature of a lawyer’s job, and the ability to fight for a client in court is what separates Bengoshi from the variety of other legal professions in Japan.

Expert witnesses play a critical role in helping to inform and mold judges’ opinions regarding the more technical issues in a lawsuit. Since judges often have to deal with technical issues beyond their realm of experience, an expert witness’s testimony can be especially influential.