JAPAN Law and Practice Contributed by: Junichi Ikeda, Takayuki Fujii, Satoyuki Nakano and Tomoaki Kitaguchi, Nagashima Ohno & Tsunematsu
that the place of performance of the obligation is within Japan in accordance with the law of the place selected under the contract. In the case of an action regarding a contract concluded between a consumer and an enterprise, which is brought by the consumer against that enterprise, the courts of Japan will have jurisdiction if the consumer is domiciled in Japan at the time when the action is brought or at the time the consumer contract is concluded. 2.5 Pre-Action Procedures and Requirements for Product Liability Claims There are no mandatory steps that must be taken before proceedings can be formally com - menced for product liability cases. 2.6 Rules for Preservation of Evidence in Product Liability Claims The Code of Civil Procedure provides for the preservation of evidence, under which parties to a lawsuit can file a petition with the court, either prior to or after filing the lawsuit, to conduct an examination of the evidence including documen - tary evidence, testimony and the product itself. 2.7 Rules for Disclosure of Documents in Product Liability Cases Enquiry Prior to Filing an Action If a person has provided notice of an action to the would-be defendant of the action in advance, that notifying person may make an enquiry in writing to the would-be defendant who received the notice regarding particular matters that are obviously necessary for the preparation of the allegations or proof if the action is filed. When the would-be defendant has responded to the notifying person with a written response to that advance notice, under certain circumstances, such a would-be defendant may themselves make a written enquiry to the notifying person. Under the Act Partially Amending the Code of
Civil Procedure, which was passed on 18 May 2022 and will take effect in or before 2026, these procedures (the notice and enquiry by the noti - fying person and the response and enquiry of the would-be defendant) can be conducted by electronic means. Furthermore, upon petition by the notifying per - son or the would-be defendant who received the notice, the court may commission the holder of a document to send that document when it is nec - essary. However, this petition is not widely used. Under the Act Partially Amending the Code of Civil Procedure, the court may commission the sending of electronic records as well as docu - ments. Preservation of Evidence Preservation of evidence (see 2.6 Rules for Preservation of Evidence in Product Liability Claims ) is often used for the purpose of collect - ing documentary and other evidence. Commissioning the Sending of a Document After filing an action, the parties may petition the court to commission a person who holds a document to send the document. The holder of the document is not, however, obliged to do so. Under the Act Partially Amending the Code of Civil Procedure, electronic records may be sub - mitted as evidence, and the parties may petition the court to commission the sending of elec - tronic records. Order to Submit Documents After filing an action, the parties may request that the court issue an order for the submission of a document against the opposing party or a third party who holds that document. The holder of the document may not refuse to submit the document to the court when:
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