TAIWAN Law and Practice Contributed by: Peng-Kwang Chen, Pamela Huang, Claudia Huang and Ching-Tzu (Katie) Chang, Formosa Transnational Attorneys At Law
In the latter scenario, the law allows a specific entity to act as a plaintiff on behalf of the entire group with the judgment’s effect extending to all members within the group. In these cases, there is no requirement for a group member to opt in, nor may group members opt out. 3.8 Requirements for Cost Estimate According to the Code of Ethics for Lawyers, the amount or calculation of attorney fees must be clearly communicated to the client at the time of appointment, preferably in writing. In Taiwan, interim applications in civil cases usually involve applications for certain forms of injunctive relief such as a provisional seizure, a provisional injunction, or a provisional injunction to maintain the temporary status quo (for more details of these protective measures, please refer to 6. Injunctive Relief ). Additionally, a party may file a request for pres- ervation of evidence to the court before filing its lawsuit, if it is necessary to preserve critical evidence in advance. 4.2 Early Judgment Applications Taiwan law provides two scenarios where the court may make interim decisions in a civil case: • where part of a claim or one of several claims raised in the action is mature for decision, the court may enter an interlocutory judgment; and 4. Pre-trial Proceedings 4.1 Interim Applications/Motions • the court may make an interim decision on an issue that is a prerequisite to the final judg- ment.
For example, if the plaintiff claims USD100,000 in damages for the defendant’s wrongful con- duct, and the court determines that the defend- ant did indeed commit a wrongful act but has not yet confirmed the exact amount of damages, the court may issue an interim decision confirming the plaintiff has the right to claim against the defendant. These interim decisions are made to stream- line the proceedings and prepare for the final judgment. Whether an interim decision may be issued is at the discretion of the court. However, in practice, courts rarely issue such decisions. 4.3 Dispositive Motions In Taiwan, if a case falls under any of the circum- stances listed below, the court may dismiss the plaintiff’s lawsuit ex officio. • The lawsuit is procedurally improper or lacks other requirements. • Multiple lawsuits are filed for the same case. • The lawsuit is initiated in bad faith, for improper purpose or with gross negligence, and the claim lacks a reasonable basis in fact or law. • The plaintiff’s claim, given the facts alleged, is manifestly without legal ground. However, if the above circumstances can be remedied, the court should provide a specified period for correction before dismissing the law- suit. The parties may not file such dispositive motions because there is no statutory basis permitting them to do so.
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