The revised Code of Civil Procedure, which includes the possibility of submitting complaints online and allowing the use of web conferences in oral arguments, for the introduction of IT in civil trial procedures, was published in the House of Councilors on the 18th. At the plenary session, it was approved and passed by a large number of people in favor of both the Liberal Democratic Party and the Komeito Party.
Procedures in civil lawsuits will be gradually converted to IT by 2025.
The revised Code of Civil Procedure allows online procedures for filing complaints and briefs to courts, which are currently limited to documents, and requires lawyers and other agents to submit them online. I am.
In addition, when making oral arguments, we will allow the use of web conferencing so that we do not have to appear in court, and we will also make it possible to use web conferencing in cases where the court or the parties approve of witness cross-examination.
Furthermore, the court manages the records of the trial such as complaints and judgments as electronic data in principle, and it is also included that the parties and other related parties can view and download the records on the Internet.
In addition, there is currently no provision to allow the parties to restrict viewing of litigation records, and victims of sex crimes and DV = domestic violence may be compensated for damages for fear that the perpetrators will know their names and addresses. Since it has been pointed out that it is difficult to obtain, a system will be created that allows the procedure to proceed without revealing personally identifiable information.
The new system will be applied by a court decision when it is recognized that there is a risk of significant hindrance to social life if it is known to the parties concerned, and if confidentiality is decided, the address and name do not need to be stated in the petition. In addition, it will be possible to restrict viewing of statements that are presumed to be personal information by filing a complaint.
In addition, the procedure for divorce mediation will be changed to IT, and it will be possible to establish a divorce by utilizing web conferencing.
The revised Code of Civil Procedure was voted at the House of Councilors plenary session on the 18th, and was passed and passed by a large number of supporters such as the Liberal Democratic Party, the Komeito Party, the Nippon Ishin no Kai, and the Democratic Party for the People.
In response to this, the procedures in civil lawsuits will be gradually converted to IT by 2025.
Creation of a new hearing procedure
The revised Code of Civil Procedure also includes the creation of new hearing procedures.
Until now, it has been pointed out that there is no clear rule on the period of trial and the period until the decision is handed down, and the period is uncertain, which is one of the reasons for hesitating to bring a case.
For this reason, the revised law has established a procedure in which the trial is completed within 6 months from the start of the procedure if there is an offer from both parties, and the judgment is handed down within 1 month from the date when the trial is completed.
However, complaints about consumer troubles and disputes between labor and management are excluded, and the use may not be permitted in cases where no agent such as a lawyer has been appointed.
On the other hand, both parties may seek a normal hearing at any time for an unlimited period of time, as well as being able to challenge the decision under the new procedure and conduct a normal hearing.