TAIWAN Law and Practice Contributed by: Peng-Kwang Chen, Pamela Huang, Claudia Huang and Ching-Tzu (Katie) Chang, Formosa Transnational Attorneys At Law
6.7 Consequences of a Respondent’s Non-compliance If a provisional injunction is violated, the enforce- ment court has the authority to impose penal- ties ranging from TWD30,000 (approximate- ly USD925) to TWD300,000 (approximately USD9,250). If the debtor continues to disobey, the court may impose further fines or place the debtor into custody. However, in practice, it is extremely rare for the court to put the debtor into custody. 7. Trials and Hearings 7.1 Trial Proceedings Civil actions are usually conducted as follows. • The plaintiff initiates a lawsuit by filing a complaint with the court and prepaying the required court fee. • The court then arranges trial dates (known as “preparatory sessions”) to prepare for the final oral argument, during which the parties will exchange pleadings and present evidence (including witness/expert examination) and their assertions. Typically, there are two to three preparatory sessions, where the judge clarifies the matters in dispute and those not contested between the parties. • Subsequently, a date is set for final oral argu- ment (known as “oral argument session”), which usually occurs only once. During final oral argument, the parties present their points of view thoroughly and completely. After the oral argument session, the parties may not present any new evidence or assertions to the court, and the court will deliver its judgment based on information presented to that point. • Upon the judgment’s delivery to both parties, they retain the option to file an appeal with a
higher court if dissatisfied. In the absence of any appeal, the judgment becomes final. 7.2 Case Management Hearings In most civil cases, there are no case manage- ment hearings, and no statutory provisions dic- tate the number of hearings or the duration it takes for a court to reach its decision. Judges possess immense discretionary power over how a case proceeds. Nevertheless, the Judicial Yuan has established regulations governing case processing time- frames. In general, the time limits for civil cases are 16 months for the first instance, two years for the second instance, and one year for the third instance. If a judge exceeds these time limits, it may affect their performance evaluation. For major commercial cases to which the pro- cedures stipulated under the Commercial Case Adjudication Act are applicable, the court must discuss and formulate a trial plan with the par- ties, to facilitate and expedite the proceedings. 7.3 Jury Trials in Civil Cases There are no jury trials for civil cases in Taiwan. 7.4 Rules That Govern Admission of Evidence In civil cases, there are five types of evidence admissible in court: • examination of witnesses; • expert testimony; • documentary evidence; • inspection by judge – eg, the judge may investigate the scene where the alleged tor- tious acts took place; and • interrogation of parties.
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