JAPAN Trends and Developments Contributed by: Yuko Kanamaru, Gaien Partners
Implementation of the provisions pertaining to digitalisation and inspection of case records The first item is to enable access to the court materials by a person who has an interest in the outcome of the case. To be more specific, regarding the civil execu - tion conducted by an execution court, a person who has an interest may, in accordance with the rules set out in the Rules of the Supreme Court: • make a request to the court clerk (i) to inspect or copy the electromagnetic case record or (ii) to deliver a document or an electromagnetic record certifying all or part of its contents; and • make a request to the court clerk for a document or an electromagnetic record certifying matters concerning the case. This is to be enacted by 13 June 2028 (within five years from the promulgation). Implementation of the mechanisms , etc , pertaining to the digitalisation of judgments The second item is to correspond to the digitalisa - tion of judgments. To be more specific, the 2023 CEA Amendment: • enables: (a) the submission of the case identification information as set out in the Rules of Supreme Court instead of the submission/showing of the original certificate (which is issued by the court); and (b) deeming such submission of the case identi - fication information as the submission of the certificate; and • implements the necessary revisions corresponding to the digitalisation of judgments to other stipula - tions including that of the implementation of com - pulsory execution, grant of a certificate of execu - tion, and the service of title of obligation. Both items above have been enacted as of the date of writing this article. Implementation of the provisions pertaining to online submission , etc Regarding the petitions and other briefs to be filed to the court in writing pursuant to the Civil Execution Act
or other laws and regulations, it becomes possible to, instead of filing them in writing, submit the required matters to be described in such briefs by recording through the electronic data processing system. This part of the amendment is expected to be enacted by 13 June 2028. Use of the means of web conference , etc , on the hearing The 2023 CEA Amendment enables the execution court to use a web conference system for the pro - ceedings. To be precise, the execution court may, if it finds it to be appropriate, pursuant to the Rules of the Supreme Court: • conduct proceedings on the distribution date using a method that enables the court and the parties (obligee and obligor) to communicate simultane - ously by audio transmission, in which case, the parties who participated in the proceedings by such methods will be deemed to have appeared on such distribution date; and • conduct the proceedings on the property disclo - sure date using a method that enables the court and the parties (petitioner and the person obliged to disclose) to communicate simultaneously by audio transmission, in which case, the parties who participated in the proceedings by such methods will be deemed to have appeared on such property disclosure date. In addition, necessary provisions have also been implemented for statements to be made by a person obligated to disclose by means of communication through transmission and reception of images, etc. All of the above items in this part have already been enacted as of the date of writing this article. Implementation of the provisions allowing the omission of the submission of certificate of registered matters The 2023 CEA Amendment sets out that the exercise of a real property security interest shall commence only when a petition for the exercise is filed or a certifi - cate of official registration (excluding provisional ones) of that real estate is submitted. Other necessary provi - sions were also implemented, such as (i) the designa -
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