BOOK TWO PROCEEDINGS AT THE COURT OF FIRST
INSTANCE
Chapter One SUIT
74. (Benefit of suit)
A suit may be filed where the claim to be adjudicated by the court is based on a specific
legal dispute, and where such dispute can be resolved by means of a judicial judgment.
75. (Method of filing suit; Matters to be included in complaint)
1. A suit shall be filed through the filing of a written complaint with a court.
2. A complaint shall include the following matters:
(a) the names and addresses of the parties, and the names and addresses of
their legal representatives; and
(b) [the contents of the main text of] the judgment sought, and the facts
necessary to specify the claim.
3. In addition to the matters set forth in subparagraph (b) of Paragraph 2, the plaintiff
shall make efforts to describe concretely in the complaint the facts necessary to
support the claims contained therein, and shall set forth, for each matter requiring
proof, important facts and evidence relating to such facts.
4. A complaint that advances offensive or defensive measures shall also serve as a
preparatory document for oral argument.
76. (Suit for future performance)
A suit demanding future performance may be filed only where the nature of the claim
requires that it be filed prior to the time of performance.
77. (Consolidation of claims)
Several claims may be consolidated in one suit to the extent that the same litigation
procedures apply thereto.
78. (Investigation of complaint)
1. Where a complaint violates the provisions of Paragraph 2 of Article 75 (Method of
filing suit; Matters to be included in complaint), the court shall order that the
defects giving rise to said violation be cured within a reasonable period of time set
by the court. This shall also apply where the filing fee set forth in Article 61
(Filing fee) is not paid.
2. In the cases set forth in Paragraph 1, if the plaintiff fails to cure the defect, the
court shall dismiss [without prejudice] the complaint via ruling.
3. A Chomtoah appeal may be made against a ruling issued pursuant to Paragraph 2.
79. (Service of complaint)
1. The complaint shall be served on the defendant(s).
2. The provisions of Article 78 (Investigation of complaint) shall apply mutatis
mutandis to cases in which the complaint cannot be served. The same shall apply
to cases in which any fees necessary to effect service have not been paid by the
plaintiff.
80. (Designation of date of initial preparatory proceedings for oral argument)
1. When a complaint is filed, the court shall promptly set a court date for preparatory
proceedings for oral argument and summon the parties to appear.
2. The date set pursuant to Paragraph 1 shall fall within 30 days of the date of filing
of the complaint, except where there is special justification for setting a later date.
81. (Dismissal of suit without oral argument)
Where a suit is legally defective and such defect cannot be cured, the court may issue a
judgment dismissing [without prejudice] the suit without hearing oral argument.
82. (Dismissal of suit for failure to prepay summons fee)
1. Where the court has ordered the plaintiff to prepay the fee necessary for the
summons on a party to appear on a court date as required by the provisions of this
Code within an appropriate period designated by the court, and such prepayment
is not timely made, the court may dismiss [without prejudice] the suit via ruling
unless the defendant objects.
2. A Chomtoah appeal may be made against a ruling of dismissal issued pursuant to
Paragraph 1.
83. (Prohibition of duplicative suits)
A party may not file suit regarding a case that is already before the court.
84. (Amendment of claim)
1. So long as the basis for the claims stated in the complaint is not changed, the
plaintiff may amend such claims until the conclusion of oral argument. However,
this shall not apply where such amendment would result in a substantial delay in
the proceedings.
2. Claims must be amended in writing.
3. The writing referred to in Paragraph 2 must be served on the other party.
4. If the court determines the amendment of a claim to be improper, it shall, upon
motion or on its own authority, issue a ruling stating that such amendment will not
be permitted.
85. (Action for interlocutory confirmation)
1. Where a decision [on the merits] in a case depends on the existence or
nonexistence of a legal relationship, and the issue of such existence or
nonexistence becomes a matter of dispute during the case, the plaintiff may
broaden the claims and the defendant may file a cross-complaint to seek a
judgment to confirm whether such legal relationship exists. However, this shall
not apply where such a claim seeking such confirmation falls by law under the
exclusive jurisdiction of a different court.
2. The provisions of paragraphs 2 and 3 of Article 84 (Amendment of claim) shall
apply mutatis mutandis to the broadening of claims referred to in Paragraph 1.
86. (Cross-complaint)
1. The defendant may file, at any time prior to the conclusion of oral argument, a
cross-complaint in the court in which the main action is pending, where the claims
forming the basis for the cross-complaint are related to the claims forming the
basis of the original complaint or to defenses thereto. However, this shall not
apply where the claims forming the basis of the cross-complaint fall by law under
the exclusive jurisdiction of a different court, or where a substantial delay in the
proceedings would result.
2. The provisions relating to suits in general shall apply to cross-complaints.
87. (Time of effecting interruption of prescription, etc.)
A judicial claim [seeking performance by an obligor] that is necessary for interruption
of a period for [extinctive] prescription [set forth in the Civil Code or other laws] or for
compliance with a period established by law shall take effect from the date on which the
suit is filed or on the date of submission of the documents specified in Paragraph 2 of
Article 84 (Amendment of claim) or in Paragraph 2 of Article 85 (Action for
interlocutory confirmation) that refers to Paragraph 2 of Article 84 (Amendment of
claim).
88. (Transfer of disputed thing, etc.)
1. While an action is pending, a party is not prohibited from assigning or transferring
the thing in dispute or the right or obligation comprising the subject-matter of the
action.
2. An assignment or transfer described in Paragraph 1 shall have no effect on the
action. A party who has made such assignment or transfer shall not lose the status
as the party to the action.
3. Where a person who receives an assignment or transfer described in Paragraph 1
becomes an assisting intervenor, the provisions of Article 48 (Application of joint
litigation principles to a special type of assisting intervention) shall apply.
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