Section III. Preparatory Proceedings for Oral Arguments
103. (Purpose of preparatory proceedings for oral argument)
At preparatory proceedings for oral argument, the court shall arrange and organize the
allegations and arguments of the parties, clarify the points at issue in the case, and
organize the evidence pertaining to points at issue, in order to make sure that a
concentrated hearing should take place at oral argument.
104. (Attempt to compromise at preparatory proceedings for oral argument)
At preparatory proceedings for oral argument, the court shall first seek to effect a
compromise settlement, unless the court determines that such an attempt would be
improper or inadvisable.
105. (Date for preparatory proceedings for oral argument)
1. Preparatory proceedings for oral argument shall be conducted on a date on which
both parties can appear.
2. Preparatory proceedings for oral argument need not be open to the public.
However, the court may permit the attendance of persons determined to have good
cause to be present as an observer.
106. (Acts of litigation, etc. during preparatory proceedings for oral argument)
On the court date of preparatory proceedings for oral argument, the court may issue a
ruling regarding the offering of evidence or any other ruling that may be issued on a
date other than the court date for oral argument, and may examine documentary
evidence to the extent necessary to arrange or simplify disputed issues and evidence.
107. (Confirmation of facts to be proven)
When the arrangement of disputed issues and evidence is completed and preparatory
proceedings for oral argument have been concluded, the court shall confirm with the
parties the facts to be proven through a subsequent examination of the evidence.
108. (Effect of conclusion of preparatory proceedings for oral argument)
New offensive or defensive measures cannot be advanced after the conclusion of
preparatory proceedings for oral argument. However, this shall not apply where such
measures relate to matters to be examined on the court's own authority, where allowing
such measures would not result in a considerable delay in the proceedings, or where the
party has established to a preliminary showing that he was unable to advance such
measures prior to the conclusion of the proceedings, and such inability was not the
result of his own gross negligence.
109. (Protocol of preparatory proceedings for oral argument)
The court shall require the court clerk to prepare a protocol of preparatory proceedings
for oral argument for each day it is held.
110. (Matters to be formally recorded in protocol of preparatory proceedings for
oral argument)
1. The protocol of preparatory proceedings for oral argument shall contain the
following matters:
(a) the indication of the case;
(b) the names of the judge(s) and the court clerk;
(c) the names of the parties, representatives, assistants, and interpreters who
have appeared; and
(d) the date, time and location of the proceedings.
2. The presiding judge and the court clerk shall sign the protocol described in
Paragraph 1.
111. (Substantive matters to be entered in protocol of preparatory proceedings for
oral argument)
The protocol of preparatory proceedings for oral argument shall include a summary of
the arguments or any other acts of litigation conducted on that date. In particular, the
following matters shall be clearly indicated therein:
(a) the nature of the plaintiff's claims and the defendant's answers thereto;
(b) the essence of the ultimate facts alleged and the offering of evidence;
(c) admission or denial of the factual allegations of the other party and of the
authenticity of documents;
(d) discontinuance of the suit, compromise, or abandonment or admission of
the claim;
(e) matters included by order of the court, and matters permitted to be
included at the request of a party; and
(f) decisions rendered on that date without being recorded in writing.
112. (Objections to protocol of preparatory proceedings for oral argument, etc.)
1. Where a party or other interested person objects to a matter contained in the
protocol of preparatory proceedings for oral argument, that objection shall be
noted in the protocol.
2. Compliance with provisions pertaining to the conduct of preparatory proceedings
for oral argument may be proven only by means of the protocol. However, this
shall not apply where the protocol has been lost or destroyed.
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