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Trials - Civil trials

Civil trials are trials involving civil litigation matters that arises in order to resolve disputes as to rights and legal relationship arising in people daily lives.

The First Trial

The civil trial begins when the plaintiff or his/her agent files a complaint with the trial court, i.e., district court (branch), or city/county court. When the complaint is filed, the court serves a copy of the complaint on the plaintiff. Within 30 days after the service of the copy of the complaint on the defendant, the court notifies the parties of the judgment date or hearing date depending on whether the defendant has submitted an answer or not. The parties may present argument by personally making appearance in the court on the hearing date or by appointing a lawyer as an agent. In single-judge cases, any individual who is not a lawyer could be designated as an agent with a leave of the court. If the defendant does not wish to admit the plaintiff’s allegation, he/she must present an argument against the plaintiff’s claims by submitting an answer or by making an appearance in the court on the hearing date.
Plaintiff and defendant must each submit evidence to substantiate their respective claims. However, there is no need to submit evidence with regard to an uncontested fact. While there are cases where civil proceeds continues, generally it takes place periodically in 2-3 week intervals.
If the parties finish making arguments and presenting evidence, the court draws the hearings to a close and hand down a verdict generally within 2 weeks and serve the decision on the parties. The verdict in a civil trial is generally not enforceable until it is confirmed. However, as to verdicts regarding claims on rights to assets, the court may order that the decision be provisionally enforced unless there is reason against it. In such circumstance, the decision may be provisionally enforced even prior to the confirmation of decision.

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