JAPAN Law and Practice Contributed by: Hiroki Wakabayashi, Kenichi Sadaka and Kei Akagawa, Anderson Mori & Tomotsune
7.2 Case Management Hearings Interim petitions, such as a petition to transfer a case, a petition to challenge/disqualify the judge, and a peti- tion for document production, are usually heard at, and ruled upon at or after, an oral hearing or a pre- paratory hearing at the pleading stage. Where the court finds it necessary to examine wit- nesses/experts in person, the court usually consults with the parties as to the logistics relating to the trial (ie, evidentiary hearing). No jury trials are available in civil cases. 7.3 Jury Trials in Civil Cases No jury trials are available in civil cases. 7.4 Rules That Govern Admission of Evidence There is no particular rule governing the admissibility of evidence in civil cases. Unless the evidence has been obtained in an extremely unethical way (eg, sto- len by the litigant), any evidence (including hearsay evidence) is admissible as a general rule. 7.5 Expert Testimony Expert testimony is permitted at trial. An expert wit- ness is appointed by the court, either upon introduc- tion by a party or upon the court’s own selection. 7.6 Extent to Which Hearings Are Open to the Public Oral hearings (including the evidentiary hearing) are open to the public, while preparatory hearings are not. In patent/know-how litigation and divorce/filia- tion litigation, the court may decide not to open the evidentiary hearing to the public to safeguard the par- ty’s proprietary know-how or shield sensitive personal matters. 7.7 Level of Intervention by a Judge During a trial (ie, an evidentiary hearing), a judge may put questions to the witnesses at any time. The judge may also intervene in counsel’s examination of wit- nesses, if the court finds it inappropriate or confusing. At the evidentiary hearing, the judge will rule on the objections on examination (such as leading, repetitive or insulting questions). Such rulings are not subject to
of the injunction, be entitled to disregard such act of the respondent or seek an additional court order that the respondent must pay a daily penalty during the period of non-compliance. In addition, such non- compliance can itself be a tort against the applicant.
7. Trials and Hearings 7.1 Trial Proceedings
In general, several weeks after the complaint is filed, the court will hold the first oral hearing, during which the plaintiff will plead the complaint and the defend- ant, the answer. After that, in the case of relatively complicated business disputes, the court will hold several oral hearings, or preparatory hearings if the court deems appropriate, every four to eight weeks. During such pleading period, both parties will submit their legal briefs and supporting written evidence to advance their arguments, and the court will try to nar- row down the issues to be determined. At the end of this pleading period, if the court finds it necessary to examine witnesses/experts in person to determine the issues, the court will proceed to hold the trial (ie, evidentiary hearing). At the evidentiary hearing, counsel for the parties are primarily responsible for conducting the examination- in-chief and cross-examination, while the judge may ask supplementary questions at any time. It is very rare for the parties to present opening/closing oral arguments at the evidentiary hearing. In some cases, however, the court holds another hearing after the evidentiary hearing, at which the parties present their respective closing arguments in writing. The court may conduct an online video hearing as it deems appropriate, with the judges physically present in the courtroom and parties attending remotely. From a date to be designated by the Supreme Court – no later than 24 May 2026 – online video hearings for witness examination, where the witness is questioned through an online platform, will become available in cases where the court deems it appropriate and all parties consent to it.
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