Simplified Civil Procedure in Japan

Abstract

Japanese civil procedure covers four types of simplified procedures: ordinary proceedings in summary courts; actions on bills, notes, and checks; actions on small claims; and payment orders. Actions on small claims were newly introduced as civil procedure in 1996 to promote public access to justice. Summary courts have jurisdiction over these actions. The use of actions on small claims once increased to adjudicate a number of cases for the reimbursement of overpayment against consumer loan companies (Kabaraikin Suits). Although they have been used with less frequency recently due to the decrease of Kabaraikin Suits and increase of the use of other ADR procedures, they have a good reputation among their users and have successfully eased the burden on judges of district courts regardless of budget constraint. However, as more and more difficult cases are filed as actions on small claims, the burden of summary courts and court clerks seems to have increased. Providing information on simplified proceedings by courts and institutions of ADRs to citizens will solve this new problem by helping them to choose appropriate proceedings.