Section II. General Provisions Regarding Judgment
180. (Final judgment)
1. Courts shall conclude oral argument and issue a final judgment when it is deemed
that no further trial is necessary based on the results of argument and evidentiary
investigation.
2. Where a trial as to one claim among several claims encompassed in an action is
deemed to have reached an end, a final judgment on that claim may be issued.
3. Where it is deemed necessary for the issuance of a final judgment, the court may
reopen oral argument that has already been concluded.
181. (Interlocutory judgment)
In an action involving a dispute regarding any of the following matters, the court may
end the trial and issue an interlocutory judgment as to only such matter:
(a) the existence of a claim, when both the existence of a claim and the amount
of such claim are in dispute;
(b) offensive or defensive measures that can be independently adjudicated;
(c) the existence or absence of the prerequisites for an action; or
(d) matters pertaining to the conclusion of an action.
182. (Matters for judgment)
1. The court shall adjudicate all of the claims raised by the parties.
2. The court shall not adjudicate matters that were not raised by the parties.
3. The court shall adjudicate the apportionment of liability for litigation costs even in
the absence of a request by either party that it do so.
183. (Omission in judgment)
Where the court does not adjudicate part of a claim, the action remains pending in that
court with respect to the omitted part of the claim.
184. (Principle of free determination)
When issuing a judgment, the court shall decide, after considering the results of the
examination of evidence and the progress of and the presentations made at oral
argument, and based on its freely determined conviction, whether or not the allegations
5 "Decision" as used in this translation originally means any forms of decision issued by a court and includes both
"ruling" and "judgment," although it in many articles specifically means either "ruling" or "judgment" as the context
requires.
of fact are true.
185. (Principle of direct trial)
1. A judgment shall be issued only by the judge or judges that have participated in
the oral argument forming the basis for such judgment.
2. Where a judge has been changed before the conclusion of oral argument, the
parties shall state [before the newly appointed judge] the results of the previous
oral argument.
3. Where a single judge or a majority of judges on a panel of judges has been
changed, if a party applies for reexamination of a witness who was previously
examined, the court shall conduct such examination.
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