Chapter Eight DATES, TERM, SERVICE
Section I. Dates, Terms
240. (Setting of court dates)
1. The court shall set court dates upon motion or on its own authority. However,
dates for procedures to be carried out by an assigned panel member judge or an
assigned non-member judge shall be set by that judge.
2. Court dates may be set on Saturdays, Sundays and other legal holidays only in
unavoidable circumstances.
241. (Changing of date)
1. When a party moves to change a court date [that has already been set], the moving
party shall clearly state the grounds on which the change in date is sought.
2. The date set for preparatory proceedings for argument or for oral argument may
not be changed except in unavoidable circumstances.
3. The initial date set for preparatory proceedings for oral argument may be changed
based on the agreement of the parties.
242. (Summons regarding date)
A summons regarding a court date shall be issued by service of a writ of summons or by
notifying a person who has appeared before the court.
243. (Calculation of periods)
1. Periods shall be calculated in accordance with the provisions pertaining to
[calculation of] periods under the Civil Code.
2. Where a first day is not designated in a decision in which a period is set, the
period shall be deemed to run from the date on which the decision became
effective.
3. Where the last day of a period falls on a Saturday, Sunday or legal holiday, the
period shall be deemed to expire on the following [business] day.
244. (Extension of period)
1. The court may extend a period fixed by law or a period fixed by the court itself
only in unavoidable circumstances. However, this shall not apply where otherwise
provided by law.
2. The court, an assigned panel member judge or an assigned non-member judge may
extend a period fixed by such court or by such judge only in unavoidable
circumstances.
245. (Subsequent completion of act of litigation)
1. Where a party is unable to comply with a period fixed pursuant to the second
sentence of Paragraph 1 of Article 244 (Extension of period) for a reason for
which the party cannot be held responsible, an act of litigation that was to have
been completed within such period may be completed within a grace period of one
week from the time that such reason has ceased to exist. However, for a party
located overseas, such grace period shall be two months.
2. The grace period referred to in Paragraph 1 may not be extended.
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