Section IV. Oral Argument
113. (Designation of date for oral argument)
When preparatory proceedings for oral argument are concluded, the court shall
designate a court date for oral argument and summon the parties to appear on such date.
114. (Need for oral argument)
1. The court must hold oral argument proceedings before rendering a judgment on
the claims. However, with regard to cases or issues to be decided via ruling, the
court shall determine whether or not to hold oral argument proceedings.
2. Where oral argument proceedings are not held pursuant to the provisions of the
second sentence of Paragraph 1, the court may examine the parties.
3. The provisions of Paragraphs 1 and 2 shall not apply where it is superseded by a
particular provision of law.
115. (Oral argument)
1. Oral argument shall be held on a date on which both parties are able to appear.
2. Oral argument shall be held in open court. However, this shall not apply in cases
where opening oral argument to the public would present a threat to public order
or where it is superseded by a particular provision of law.
116. (Presentation of results of preparatory proceedings for oral argument and
offering argument)
1. The parties shall present at oral argument the results of the preparatory
proceedings for oral argument.
2. The presentation referred to in Paragraph 1 shall clarify the facts to be proven (the
points at issue) by the subsequent examination of evidence at oral argument.
3. The parties may further allege facts and offer evidence at oral argument. However,
this shall not apply where a violation of Article 108 (Effect of conclusion of
preparatory proceedings for oral argument) would result.
4. Where the court deems it necessary after examination of evidence at oral
argument, the court may decide to resume preparatory proceedings for oral
argument.
5. The court may allow the parties to present final argument before the conclusion of
oral argument.
117. (Protocol of oral argument)
1. The court shall require the court clerk to prepare a protocol of oral argument for
each day it is held.
2. The provisions of Article 112 (Objections to protocol of preparatory proceedings
for oral argument, etc.) shall apply mutatis mutandis to the protocol of oral
argument.
118. (Matters to be formally entered in protocol of oral argument)
1. The following matters shall be entered in the protocol of oral argument:
(a) the indication of the case;
(b) the names of the judge(s) and the court clerk;
(c) the name of the public prosecutor appearing in the case;
(d) the names of the parties, representatives, assistants, and interpreters who
have appeared;
(e) the date, time and location of the oral argument; and
(f) a statement indicating whether or not the hearing is open to the public
and, if it is not open to the public, stating the reasons therefor.
2. The presiding judge and the court clerk shall sign the protocol described in
Paragraph 1.
119. (Substantive matters to be entered in protocol of oral argument)
1. The protocol of oral argument shall include a summary of the arguments. In
particular, the following matters shall be clearly indicated therein:
(a) discontinuance of the suit, compromise, abandonment or admission of the
claim, and admission of facts;
(b) statements of witnesses, the parties and expert witnesses;
(c) whether witnesses, parties and expert witnesses were placed under oath,
and if not, the reason therefor;
(d) the results of inspection;
(e) matters included by order of the court, and matters permitted to be
included at the request of a party;
(f) decisions rendered without being recorded in writing; and
(g) pronouncements of decisions.
2. Notwithstanding the provisions of Paragraph 1, where a suit has concluded other
than by a decision, the testimony of witnesses, parties and expert witnesses, and
the results of inspection, may be omitted from the record with the permission of
the court. However, this shall not apply where a party requests, within one week
of the date the party learns of the conclusion of the litigation, that such testimony
or results be entered in the record.
120. (Recording on tape, etc., in lieu of entry in protocol)
1. Notwithstanding the provisions of Paragraph 1 of Article 119 (Substantive matters
to be entered in protocol of oral argument), where the court so permits, the court
clerk may record the statements of witnesses, parties or expert witnesses on audio
or video tape and substitute such taped statements for entry in the protocol. In
such a case, the parties may state their opinions when the court permits such
method of recording.
2. In cases referred to in Paragraph 1, if a party so requests prior to the conclusion of
the litigation, a document setting forth the statements of witnesses, parties or
expert witnesses shall be prepared. Such document shall also be prepared in cases
in which the suit is pending before a higher court and the higher court has
determined the preparation of the document to be necessary.
121. (Reference to and attachment of documents, etc.)
Documents, photographs, audio and video tapes, and any other articles which the court
deems appropriate, may be made a part of the protocol of oral argument by being
referred to in the protocol and attached thereto.
122. (Restrictions on taking photographs, etc. in the courtroom)
The taking of photographs, the making of a stenographic, audio or video record of the
proceedings, or broadcasting within the courtroom shall be prohibited without the
permission of the court.
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