JAPAN Trends and Developments Contributed by: Yuko Kanamaru, Gaien Partners
case. To be more specific, regarding the civil execu - tion conducted by an executive court, a person who has an interest may, in accordance with 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; or • 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 date of promulgation). Implementation of the mechanisms, etc, pertaining to the digitalisation of judgments The second item corresponds to the digitalisation of judgments. To be more specific, the 2023 CEA Amendments: • enable (i) the submission of the case identification information as set out in the Rules of the Supreme Court, instead of the submission/showing of the original certificate (which is issued by the court), and (ii) such submission of the case identification information to be deemed as submission of the certificate; and • implement the necessary revisions, corresponding to the digitalisation of judgments, to other stipula - tions, including the implementation of compulsory execution, the granting of a certificate of execution, and the service of title of obligation. The amendment regarding submission of the case identification information will be enacted by 17 May 2026; while the implementation of the revisions to oth - er stipulations is to be enacted by 13 December 2025. 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, rather than filing them in writing, it becomes possible to submit the required matters to be described in such briefs by recording them through the electronic data processing system.
This part of the amendment is expected to be enacted by 13 June 2028. Effects of the use of web conferences, etc, on the hearing The 2023 CEA Amendments enable the court of exe - cution to use a web-conference system for the pro - ceedings. To be precise, the court of execution may do the following, if it finds this 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 (the obligee and obligor) to communicate simul - taneously by audio transmission – in which case, the parties who participated in the proceedings by such methods will be deemed to have appeared on that distribution date; and • conduct the proceedings on the property disclo - sure date using a method that enables the court and the parties (the petitioner and the person obliged to disclose) 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 that property disclosure date. In addition, necessary provisions have also been implemented for statements to be made by a per - son obliged to disclose by means of communication through transmission and the receipt of images, etc. All of the above items under this subheading will be enacted by 17 May 2026. Implementation of the provisions allowing omission of the submission of a certificate of registered matters The 2023 CEA Amendments set out that the exercise of a real property security interest will commence only when a petition for the exercise is filed or a certificate of official registration (excluding provisional ones) of that real estate is submitted. Other necessary provi - sions are also implemented, such as (i) the designa - tion of the period during which persons with inter - est should submit their opinion, and (ii) designation of the period for filing an objection to the amount of the claim or dividend of each creditor recorded in the
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