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Act on Costs of Civil Procedure - Act No. 113 of 2007

Act on Costs of Civil Procedure

(Act No. 40 of April 6, 1971)

Chapter I General Provisions (Articles 1 and 2) Chapter II Costs to Be Paid to the Court
Section 1 Fees (Articles 3 to 10)
Section 2 Costs Other Than Fees (Articles 11 to 13-2) Section 3 Collection of Costs (Articles 14 to 17)
Chapter III Payments to Witnesses, etc. (Articles 18 to 28-2) Chapter IV Miscellaneous Provisions (Articles 29 and 30)
Supplementary Provisions
Chapter I General Provisions
(Purpose)
Article 1 Costs of civil litigation proceedings, civil execution proceedings, civil preservation proceedings, administrative case litigation proceedings, non-
contentious case proceedings, domestic-relations adjudication proceedings, and any other proceedings relating to civil cases, administrative cases or domestic- relations cases in court (hereinafter referred to as "civil proceedings, etc.")
shall be governed by the provisions of this Act in addition to the provisions of
other laws and regulations.
(Scope and Amount of Costs of Civil Proceedings, etc. to Be Borne by the
Parties and Other Persons)
Article 2 The scope of the costs of civil proceedings, etc. to be borne by a party,
etc. (meaning a party or an interested person in the case; the same shall apply hereinafter, except under item (iv) and item (v)) or by any other person
pursuant to the provisions of the Code of Civil Procedure (Act No. 109 of 1996)
and other laws and regulations concerning civil proceedings, etc. shall be as listed in the following items, and the amounts of such costs shall be as
specified in the respective items:
(i) the fees under the provisions of the following Article: the amount of the fees
(or the amount of the fees after deducting the amount to be refunded
pursuant to the provisions of Article 9, paragraph (3) or paragraph (5), if there is any such amount to be refunded);
(ii) the costs set forth in Article 11, paragraph (1): the amount of the costs;
(iii) the fees and expenses under the provisions of the Court Execution Officers
Act (Act No. 111 of 1966): the amount of the fees and expenses;
(iv) the travel expenses, daily allowance and accommodation charges to be
incurred in order for a party, etc. (meaning a party or an interested person in the case, his/her or its statutory agent or representative, or any other person equivalent thereto; hereinafter the same shall apply in this item and the
following item) to appear on the date for oral argument or hearing or any other date designated by the court (if two or more persons appear as
statutory agents in lieu of a person with parental authority, as the
representative of a juridical person, as any other person equivalent thereto, the lowest amount of travel expenses, daily allowance, and accommodation
charges incurred by any one of these persons): the amount of travel expenses, daily allowance and accommodation charges calculated as prescribed in the
following:
(a) travel expenses:
1. In cases where the travel does not include any travel between Japan
(meaning Japan as prescribed in Article 2, paragraph (1), item (iv) of
the Act on Travel Expenses of National Public Servants (Act No. 114 of
1950); the same shall apply hereinafter) and a foreign state (meaning territories other than the territory of Japan (including international
waters); the same shall apply hereinafter), the amount specified by the
Supreme Court as the amount of transportation expenses normally required to travel the distance between the place where the principal
building of the summary court that has jurisdiction over the location of the general venue of the party, etc. is located and the place where the
principal building of the summary court that has jurisdiction over the
place where the party, etc. appears, on the basis of such distance (if these places are the same, the amount specified by the Supreme
Court); provided, however, that the amount of transportation expenses
actually paid shall apply when the party, etc. submits documents such as receipts, train tickets, airline boarding pass stubs, and the like,
which clearly indicate that the travel used an ordinary route and
means and that the amount actually paid exceeds the amount specified by the Supreme Court;
2. In cases where the travel includes any travel between Japan and a
foreign state, the amount of transportation expenses actually paid, if said travel used an ordinary route and means (or the amount
calculated under the same rule as is applicable to the travel expenses
to be paid to a witness, if said travel did not use an ordinary route or means);
(b) Daily allowance: the amount specified by the Supreme Court according to
the number of days actually required to make an appearance and to travel therefor (limited to travel using an ordinary route and means); provided,
however, that the amount calculated under the same rule as is applicable to the daily allowance to be paid to a witness shall apply in cases where
the travel did not use an ordinary route or means or where the travel included travel between Japan and a foreign state;
(c) Accommodation charges: the amount specified by the Supreme Court by classifying the place of stay according to the number of nights that the
party, etc. actually stayed to make an appearance and to travel therefor
(limited to such travel using an ordinary route and means); provided,
however, that the amount calculated under the same rule that is applicable to accommodation charges to be paid to witnesses shall apply in cases
where the travel did not use an ordinary route or means or where the travel included travel between Japan and a foreign state;
(v) The travel expenses, daily allowance, and accommodation charges in cases where an agent (excluding statutory agents and special agents; the same shall apply throughout this item) appeared on the date prescribed in the
preceding item (excluding cases where the agent appeared on a date for
which the party, etc. was not given any order to appear or summons) (if two or more agents appeared, the lowest amount of the travel expenses, daily
allowance, and accommodation charges incurred by any one of these
persons): the amount calculated by the same rule as that set forth in the preceding item; provided, however, that such amount may not exceed the amount considered by the court to be a reasonable amount for travel
expenses, daily allowance, and accommodation charges in the case of the appearance by the party, etc.;
(vi) The expenses of preparing and submitting documents, such as written petitions including a complaint, briefs, copies of documentary evidence,
translated documents, and the like (limited to those documents used as
materials for the civil proceedings, etc.): the amount specified by the
Supreme Court, per case, as the amount of expenses normally required to prepare and submit such documents, on the basis of the type of case, the number of the parties, etc., as well as the type and number of documents (in
cases where the records of the case are prepared in electromagnetic form, the number of copies prepared by outputting, in the form of hard copies, the
content of the information recorded in said electromagnetic records);
(vii) The expenses required for a government agency, other public body or
notary to issue the documents set forth in the preceding item: the amount calculated by adding the amount specified by the Supreme Court, up to
double the minimum rate for a first-class mail matter per issue, to the amount of fees payable to said government agency, etc.;
(viii) The translation fee for a translated document set forth in item (vi): the amount specified by the Supreme Court per page;
(ix) The expenses incurred to send a document or object (limited to those
examined by the court) to the court: the actual cost of sending the same by an ordinary method;
(x) The compensation and expenses paid to an attorney appointed by a party, etc. in cases where the court orders an attorney to be appointed, or an
attorney appointed by the court pursuant to the provisions of the laws and
regulations concerning civil proceedings, etc.: the amount considered to be reasonable by the court;
(xi) The registration and license tax to be paid for registering as commissioned
by the court: the amount of such registration and license tax;
(xii) The expenses required to obtain the issuance of an authenticated copy of a title of obligation, the grant of a certificate of execution for the purpose of
filing a petition for compulsory execution or making a demand for liquidating distribution or the delivery of the documents to be served pursuant to the
provisions of Article 29 of the Civil Execution Act (Act No. 4 of 1979): the
amount calculated by adding the amount specified by the Supreme Court, up to the total of double the amount of the minimum rate for a first-class mail
matter and the rate for registered mail per issuance, grant or delivery, to the
amount of fees payable to the court or any other government agency or notary;
(xiii) The expenses required for the service of a document by a notary pursuant
to the provisions of Article 57-2 of the Notary Act (Act No. 53 of 1908): the amount of the fee payable to the notary and the charges required for the
service;
(xiv) The expenses required to obtain a document prepared by a government
agency, etc. to be submitted to a government agency other than the court or to a notary for the purpose of obtaining the issuance, grant, or delivery set forth in item (xii) or requesting the service set forth in the preceding item:
the expenses calculated using the same rule as that set forth in item (vii); (xv) The compensation and expenses to be received by an administrator or
trustee appointed by the court as provided for by laws and regulations concerning compulsory execution, execution of a provisional seizure, or
exercise of a security interest (including an auction held under the same rule
as that applicable thereto), except for those to be paid by the court: the
amount specified by the court pursuant to the relevant provisions of laws and regulations;
(xvi) The rent for a superficies right or right of lease paid by an obligee
effecting a seizure with the permission obtained under Article 56, paragraph
(1) of the Civil Execution Act (including cases where said paragraph is
applied mutatis mutandis or where the same rule as that prescribed therein is applied): the amount of the rent for the superficies right or right of lease;
(xvii) The costs set forth in Article 28-2, paragraph (1): the amount calculated pursuant to the provisions of said paragraph;
(xviii) the expenses for giving notice in cases where notice is given in writing under the provisions of Article 385 of the Civil Code (Act No. 89 of 1896)
(including cases where applied mutatis mutandis pursuant to said Code and other laws and regulations): the amount specified by the Supreme Court, up to the total of the amount of the minimum rate for first-class mail matter
and the rate for registered mail per notice.
Chapter II Costs to Be Paid to the Court
Section 1 Fees
(Fee for Petition)
Article 3 (1) In order to file a petition listed in the left-hand column of Appended Table 1, payment shall be required in the amount of the fee listed in the right- hand column of said table, according to the category of the petition.
(2) In the cases listed in the following items, a person who has filed a petition set forth in one of said items shall pay the fee amount calculated by deducting the fee amount already paid for the petition from the amount of the fee payable for filing an action:
(i) where it is deemed, pursuant to the provisions of Article 275, paragraph (2),
Article 395, or Article 398, paragraph (1) of the Code of Civil Procedure
(including cases where applied mutatis mutandis pursuant to Article 402,
paragraph (2) of said Code), that an action was filed at the time a petition for settlement or for a demand for payment was filed;
(ii) where it is deemed, pursuant to the provisions of Article 22, paragraph (1)
of the Labor Tribunal Act (Act No. 45 of 2004) (including cases where applied mutatis mutandis pursuant to Article 23, paragraph (2) and Article 24,
paragraph (2) of said Act), that an action at the time a petition for labor dispute adjudication proceedings was filed;
(3) Where a final appeal and a petition for acceptance of final appeal are filed
against one judgment, if the same interests are claimed therein, the fee paid in relation to either of them shall be deemed to have been paid in relation to the
other as well, to the extent that they are the same. The same shall apply where an appeal under the provisions of Article 336, paragraph (1) of the Code of
Civil Procedure (including cases where said paragraph is applied mutatis
mutandis or where the same rule as that prescribed therein is applied) and a petition for permission to appeal under the provisions of Article 337, paragraph (2) of said Code (including cases where said paragraph is applied mutatis
mutandis or the where same rule as that prescribed therein is applied) are
filed against one order or direction.
(4) Where it is deemed, pursuant to the provisions of the main clause under
Article 248, paragraph (4) of the Bankruptcy Act (Act No. 75 of 2004), that a petition for a grant of discharge was filed upon the filing of a petition for
commencement of bankruptcy proceedings, the person who filed the petition for commencement of bankruptcy proceedings shall also pay the fee for a petition for grant of discharge.
(Value of the Subject Matter of the Suit)
Article 4 (1) The value of the subject matter of the suit used as the basis for the calculation of the amount of the fees in Appended Table 1 shall be calculated
pursuant to the provisions of Article 8, paragraph (1) and Article 9 of the Code of Civil Procedure.
(2) With regard to an action bringing a claim that is not on a property right, the value of the subject matter of suit shall be deemed to be 1,600,000 yen. The same shall apply to an action bringing a claim on a property right for which it is extremely difficult to calculate the value of the subject matter of suit.
(3) When filing an action bringing a claim that is not on a property right together with a claim on a property right which arises from the fact that is the cause of
the former claim, the large amount of the values of the subject matter of suit shall apply.
(4) The provisions of paragraph (1) shall apply mutatis mutandis to the value
that is used as the basis for the calculation of the amount of the fee set forth in row (10) of Appended Table 1.
(5) The provisions of Article 9, paragraph (1) of the Code of Civil Procedure shall
apply mutatis mutandis to the amount that is used as the basis for the
calculation of the amount of the fee set forth in row (13) of Appended Table 1. (6) The provisions of paragraph (1) and paragraph (3) shall apply mutatis
mutandis to the value that is used as the basis for the calculation of the amount of the fee set forth in row (14) of Appended Table 1.
(7) The value set forth in the preceding paragraph shall be deemed to be
1,600,000 yen when it is impossible or extremely difficult to calculate such value.
(Cases of Constructive Payment of Fees)
Article 5 (1) With regard to the fee for filing an action set forth in Article 355, paragraph (2) of the Code of Civil Procedure (including cases where applied
mutatis mutandis pursuant to Article 367, paragraph (2) of said Code), Article
19 of the Civil Conciliation Act (Act No. 222 of 1951) (including cases where
applied mutatis mutandis pursuant to Article 18, paragraph (2) of the Act on
Special Conciliation Proceedings for Expediting Adjustment of Specified Debts, etc. (Act No. 158 of 1999); including cases where applied mutatis mutandis
pursuant to Article 19 of said Act) or Article 26, paragraph (2) of the Act on Adjudication of Domestic Relations (Act No. 152 of 1947), it shall be deemed that an amount equivalent to the amount of the fee paid in relation to the filing of the previous action or petition for conciliation has been paid.
(2) The provisions of the preceding paragraph shall apply mutatis mutandis to the fee for a petition under the provisions of Article 17, paragraph (1),
paragraph (2) or paragraph (5) of the Land and Building Lease Act (Act No. 90 of 1991) (including cases where applied mutatis mutandis pursuant to Article
18, paragraph (3) of said Act), Article 18, paragraph (1) of said Act, Article 19,
paragraph (1) of said Act (including cases where applied mutatis mutandis
pursuant to paragraph (7) of said Article) or Article 20, paragraph (1) of said Act (including cases where applied mutatis mutandis pursuant to paragraph (5) of said Article), filed in cases where a conciliation case is concluded under
the provisions of Article 14 of the Civil Conciliation Act (including cases where applied mutatis mutandis pursuant to Article 15) or where an order in lieu of conciliation ceases to be effective pursuant to the provisions of Article 18,
paragraph (2) of said Act, and where said petition is filed with regard to the
claim for which conciliation has been sought, within two weeks from the day on which the petitioner of conciliation received notice to that effect.
(Petitions with Unpaid Fees)
Article 6 A petition for which a fee is payable but not yet paid shall be unlawful.
(Fees for Inspection, Copying, etc. of Records Retained by a Court Clerk)
Article 7 With regard to the matters listed in the left-hand column of Appended
Table 2, the amount of the fees shall be as listed in the right-hand column of said table.
(Method of Payment)
Article 8 Fees shall be paid by affixing fiscal stamps to a complaint or to any other written petition or to a written statement in which the object for the
petition are stated; provided, however, that when specified by the Rules of the
Supreme Court, it may be paid in cash as provided for in the Rules of the
Supreme Court.
(Return of Overpaid Fees, etc.)
Article 9 (1) In the case of overpayment of a fee, the court shall, upon petition, order a refund of the amount of money equivalent to the amount of such
overpaid fee.
(2) Notwithstanding the provisions of the preceding paragraph, in the case of an
overpayment of the fee for a petition demand for payment or for disposition of a
seizure, or the fee for a matter listed in the left-hand column of Appended Table 2, a refund of such overpayment shall be provided by the court clerk upon petition.
(3) Where any of the events specified in the following items occurs with regard to the petitions listed in the respective items, the court shall, upon petition, order the return of the amount of money calculated by deducting half of the amount
of the fee payable (excluding the amount that is deemed to have been paid,
pursuant to the provisions of Article 5; in the case of the fee pertaining to one of the two or more claims subject to the totaling prescribed in Article 9,
paragraph (1) of the Code of Civil Procedure, the amount obtained by dividing
the amount of the fees according to the value of each claim) (or 4,000 yen shall be deducted if half of the amount of the fees payable is less than 4,000 yen)
from the amount of fees paid (excluding the amount that is deemed to have been paid pursuant to the provisions of Article 5):
(i) the filing of an action or an appeal or of an application for intervention
pursuant to the provisions of Article 47, paragraph (1) or Article 52,
paragraph (1) of the Code of Civil Procedure or the same rule as that set
forth in these provisions: the fact that a judicial decision of dismissal without prejudice made without oral argument has become final and binding or the
withdrawal prior to the closing of the first date for oral argument;
(ii) the filing of a petition for conciliation under the Civil Conciliation Act: the fact that a judicial decision of dismissal without prejudice has become final and binding or the withdrawal prior to the closing of the first date for
conciliation proceedings;
(iii) the filing of a petition for labor dispute adjudication proceedings under the
Labor Tribunal Act: the fact that a judicial decision of dismissal without
prejudice has become final and binding or the withdrawal prior to the closing of the first date for labor dispute adjudication proceedings;
(iv) the filing of a petition for a case set forth in Article 41 of the Land and
Building Lease Act, an application for intervention in a case set forth in said
Article (limited to cases of intervention as the petitioner) or an appeal
against a judicial decision made on such petition or application (excluding those listed in the following item): the fact that a judicial decision of
dismissal without prejudice has become final and binding or the withdrawal prior to the closing of the first hearing date; and
(v) the filing of a final appeal or a petition for acceptance of a final appeal, or
the filing of an appeal under the provisions of Article 330 or Article 336,
paragraph (1) of the Code of Civil Procedure or a petition for permission to
appeal under the provisions of Article 337, paragraph (2) of the Code of Civil Procedure which are applied mutatis mutandis pursuant to Article 25 of the Non-Contentious Case Procedure Act (Act No. 14 of 1898), as applied mutatis
mutandis pursuant to Article 42, paragraph (1) of the Land and Building Lease Act, against a judicial decision made on a petition or application set forth in the preceding item: the fact that a judicial decision of dismissal
without prejudice made by the court of prior instance (in the case of the filing of a petition for permission to appeal, the court with which such petition has
been filed; hereinafter the same shall apply in this item) has become final
and binding, or the withdrawal prior to the court of prior instance sending the case to the final appellate court or the court in charge of the appeal.
(4) Where any of the events specified in the items of the preceding paragraph
occur with regard to one portion of two or more claims, if the whole or part of the fee already paid is intended to cover payment for the other claim(s) that
are still pending, the provisions of the preceding paragraph shall not apply to
the extent that the payment of the fee is intended for such pending claim(s). Where the event specified in item (v) of said paragraph occurs with regard to
the petition set forth in said item, if the whole or part of the fee already paid is
intended as payment for any other petition(s) set forth in said item that is still pending, the provisions of the preceding paragraph shall not apply to the
extent that the payment of the fee is intended for such pending petition(s).
(5) Where a petition for a demand for payment is withdrawn before a disposition of dismissal without prejudice becomes final and binding or before the demand for payment is served, the court clerk shall, upon petition, refund the amount
of money calculated in accordance with the provisions of paragraph (3);
provided, however, that in the case prescribed in the first sentence of the
preceding paragraph, this shall not apply to the extent that the payment of the fee is intended for the pending claim(s).
(6) A petition to be filed under paragraphs (1) through (3) and the preceding
paragraph may be filed by each petitioner in cases where there are two or more petitioners for a petition concerning each fee.
(7) A petition to be filed under paragraphs (1) through (3) or paragraph (5) shall be filed within five years from the day on which the event forming the grounds for filing the petition occurred.
(8) With regard to a disposition by the court clerk on a petition filed under
paragraph (2) or paragraph (5), an objection may be filed with the court to
which such court clerk belongs within an unextendable period of one week from the day on which notice of the disposition was received.
(9) An immediate appeal may be filed against an order made on a petition filed
under paragraph (1) or paragraph (3) and with regard to an objection filed under the provisions of the preceding paragraph.
(10) With regard to a petition filed under paragraphs (1) to (3) or paragraph (5),
and a judicial decision or a disposition of the court clerk made on such petition, and an objection filed under the provisions of paragraph (8) and a judicial
decision made on such objection, unless contrary to the essential nature thereof, the provisions of Part I of the Non-Contentious Case Procedure Act shall apply mutatis mutandis; provided, however, that the provisions of Article 15 and
Article 32 of said Act shall not apply.
(Certificate of Re-Use)
Article 10 (1) With regard to a petition filed under paragraphs (1) through (3) or paragraph (5) of the preceding Article, when a request is made to re-use fiscal
stamps which have been paid pursuant to the provisions of Article 8 for
payment of another fee at the relevant court, the refund may be made by
delivering, in lieu of money, revenue stamps equivalent to the amount to be
refunded, with a certificate from the court clerk attached thereto allowing the re-use of the fiscal stamps within one year from the date of the refund.
(2) When a recipient of fiscal stamps with a certificate attached thereto as set
forth in the preceding paragraph files a petition for a refund within the period pertaining to the certificate set forth in said paragraph by submitting said
fiscal stamps and requesting an amount of money equivalent to the amount of the fiscal stamps, the court set forth in said paragraph shall order the refund as requested.
(3) The provisions of paragraph (9) and paragraph (10) of the preceding Article
shall apply mutatis mutandis to the order set forth in the preceding paragraph.
Section 2 Costs Other Than Fees
(Obligation to Pay)
Article 11 (1) The amounts listed in the following shall be paid by a party, etc. as costs:
(i) the amount equivalent to the payment specified in the following Chapter and any other payments necessary in order for the court to conduct the
examination of evidence, serve documents, or conduct any other procedural
acts in civil proceedings, etc.; and
(ii) the amount of travel expenses and accommodation charges for a judge and a court clerk as necessary in cases where the judge and court clerk conduct, an out of court examination of evidence or an examination of facts or any
other act in a civil case other than a conciliation case or an administrative case, equivalent to such amount as calculated by the same rule as that
applicable to a witness.
(2) The party, etc. who is to pay the costs set forth in the preceding paragraph shall be the petitioner in the case of the costs pertaining to an act to be
conducted upon petition, or a person designated by the court in the case of costs pertaining to an act conducted by the court's own authority, unless
otherwise provided for in other laws or regulations.
(Obligation to Prepay)
Article 12 (1) With regard to an act which requires the costs set forth in
paragraph (1) of the preceding Article, the court shall have a party, etc. prepay the estimated amount of such costs, except in cases otherwise provided for in
other laws and in cases specified by the Supreme Court.
(2) Where the court has ordered prepayment pursuant to the provisions of the
preceding paragraph but no prepayment has been made as ordered, the court may decide not to conduct the act which requires the relevant costs.
(Prepayment by Postage Stamps)
Article 13 With regard only to the costs to be appropriated for postal charges or for correspondence delivery services prescribed in Article 2, paragraph (2) of
the Act on Correspondence Delivery by Private Business Operators (Act No. 99
of 2002) provided by general correspondence delivery operators prescribed in
paragraph (6) of said Article or by a specified correspondence delivery operator prescribed in paragraph (9) of said Article, the court may have prepayment made by postage stamps or similar vouchers specified by the Supreme Court
(hereinafter referred to as "postage stamps, etc."), in lieu of money.
(Special Provisions for Costs for Procedures by a Court Clerk)
Article 13-2 For purposes of the application of the provisions of Article 11,
paragraph (2) and the preceding two Articles with regard to the costs of any of the procedures listed in the following that are conducted by a court clerk, the term "court" as used in these provisions shall be deemed to be replaced with
"court clerk":
(i) demand procedure;
(ii) procedure for determining the amount of court costs or settlement costs to be borne;
(iii) procedure for determining the amount of the execution costs and the
money to be refunded as set forth in Article 42, paragraph (4) of the Civil
Execution Act; and
(iv) procedure for execution against a claim relating to an action on small claim
(meaning execution against a claim relating to an action on a small claim prescribed in Article 167-2, paragraph (2) of the Civil Execution Act; the same shall apply hereinafter).
Section 3 Collection of Costs
(Collection from Person Ordered to Bear Costs by Judicial Decision, etc.)
Article 14 If no prepayment is made, the costs set forth in Article 11, paragraph
(1) may be collected from the person who is ordered to bear the costs by a
judicial decision, judicial settlement, conciliation, or labor tribunal decision or pursuant to the provisions concerning civil proceedings, etc.
(Collection of Costs in the Case Where There Is No Prepayment)
Article 15 (1) For the purpose of collecting the costs set forth in the preceding
Article, compulsory execution may be conducted pursuant to the provisions of
the Civil Execution Act and other laws and regulations concerning compulsory execution procedure, based on an order of the court where the records are kept in the case of collection from the person who is to bear the costs pursuant to
the provisions of Article 11, paragraph (2), or based on an order of the court of
first instance in the case of collection from any other person. Such an order shall have the same effect as an enforceable title of obligation.
(2) The provisions of Article 9, paragraph (9) and paragraph (10) shall apply
mutatis mutandis to the order set forth in the preceding paragraph.
(Collection of Costs for Which a Grace Period for Payment Is Judicially
Granted)
Article 16 (1) A judicial decision ordering the payment of costs under the provisions of Article 83, paragraph (3) or Article 84 of the Code of Civil
Procedure shall have the same effect as an enforceable title of obligation with regard to compulsory execution.
(2) The provisions of the preceding Article shall apply mutatis mutandis to the
collection of costs under the provisions of the first sentence of Article 85 of the
Code of Civil Procedure.
(Application Mutatis Mutandis)
Article 17 The provisions of the preceding Article shall apply mutatis mutandis to the collection of costs for which aid is given and a grace period for payment is granted pursuant to the provisions of the Code of Civil Procedure as applied mutatis mutandis pursuant to other laws and regulations.
Chapter III Payment to Witnesses, etc.
(Request for Travel Expenses by a Witness, etc.)
Article 18 (1) A witness, expert witness, or interpreter may request travel
expenses, a daily allowance, and accommodation charges; provided, however, that this shall not apply to a person who has refused to swear under oath or testify, give expert testimony, or interpret without justifiable grounds.
(2) An expert witness or an interpreter may request a fee for expert testimony or
for interpretation, and may receive payment or reimbursement of the expenses necessary for expert testimony or interpretation.
(3) Where a witness, expert witness, or interpreter receives an advance of funds for the payment of travel expenses, daily allowance, or accommodation charges or the expenses set forth in the preceding paragraph, if he/she fails to appear,
refuses to swear under oath, testify, give expert testimony, or interpret without
justifiable grounds, he/she shall return the amount received.
(Request for Travel Expenses by an Expositor, etc.)
Article 19 An expositor under the provisions of Article 218, paragraph (2) of the
Code of Civil Procedure (including cases where said paragraph is applied
mutatis mutandis or where the same rule as that prescribed therein is applied) or Article 42-32, paragraph (2) of the Act for the settlement of Environmental Pollution Disputes (Act No. 108 of 1970), a witness interrogated under the
provisions of Article 187, paragraph (1) of the Code of Civil Procedure
(including cases where said paragraph is applied mutatis mutandis or where
the same rule as that prescribed therein is applied), or a person summoned by
the court to appear on the date for the examination of facts may request travel expenses, daily allowance, and accommodation charges.
(Payment of Compensation for a Commissioned Examination, etc.)
Article 20 (1) When an examination is commissioned, a report is requested, or expert testimony or a statement of opinion based on expert knowledge and
experience is commissioned pursuant to the provisions of laws and regulations
concerning civil proceedings, etc., compensation and necessary expenses shall be paid upon request. The same shall apply when a custodian, administrator,
or appraiser is appointed or ordered to conduct a realization of property or any
other act under the provisions of laws and regulations concerning civil
proceedings, etc., unless otherwise provided for in other laws and regulations. (2) When the sending of a document is commissioned pursuant to the provisions
of Article 132-4, paragraph (1), item (i) of the Code of Civil Procedure
(including the sending of an object prescribed in Article 231 of said Code), the expenses necessary to prepare a copy of said document shall be paid upon
request.
(3) The provisions of Article 18, paragraph (3) shall apply mutatis mutandis to the expenses set forth in the preceding two paragraphs.
(Type and Amount of Travel Expenses)
Article 21 (1) Travel expenses shall be of four types: railway fare, ship fare, distance fare, and airfare; railway fare shall be paid for travel by land that spans points where railway service is available, ship fare shall be paid for
travel by water that spans points where ship service is available, distance fare shall be paid for travel by land that spans points where railway service is
unavailable or travel that spans points where ship service is unavailable, and airfare shall be paid for travel by air in the case where there is a special reason to use an aircraft.
(2) Railway fare and ship fare (including a lighterage and pierage) shall be
calculated respectively as comprising [1] passenger fare (in the case of travel by a route or a ship for which there are fare classes, if the fare is categorized into three classes, the second- or third-class fare as considered reasonable by
the court, and if the fare is categorized into two classes, the fare of the class as
considered reasonable by the court) corresponding to the distance of the span traveled, [2] express charge (a limited express charge for travel of 100
kilometers or more one way between points where there is a railway on which a limited express train runs; an ordinary express charge or semi-express charge for travel of fewer than 100 kilometers and 50 kilometers or more one way
between points where there is a railway on which an ordinary express train or
semi-express train runs), [3] special compartment charge or special cabin
charge, if the payment of which is considered reasonable by the court, and [4]
seat reservation charge (limited to a seat reservation charge in the case of travel of 100 kilometers or more one way between points where there is a
railway on which an ordinary express train requiring a seat reservation charge
runs, or travel by ship between points where there is a route on which a ship requiring a seat reservation charge runs); a distance fare shall be calculated as the amount determined by the court within the range specified by the Supreme Court; and an airfare shall be calculated by the passenger fare actually paid.
(Payment Base and Amount of Daily Allowance)
Article 22 (1) A daily allowance shall be paid according to the number of days necessary for an appearance or examination and for the travel therefor
(hereinafter referred to as an "appearance, etc.").
(2) The amount of a daily allowance shall be determined by the court within the range specified by the Supreme Court.
(Payment Base and Amount of Accommodation Charges)
Article 23 (1) Accommodation charges shall be paid according to the number of nights necessary for an appearance, etc.
(2) The amount of accommodation charges shall be determined by the court within the range specified by the Supreme Court.
(Amount of Travel Expenses, etc. for Travel Between Japan and a Foreign
State)
Article 24 The amount of travel expenses, daily allowance, and accommodation charges for travel between Japan and a foreign state shall be as considered reasonable by the court in consideration of the payment criteria prescribed in the preceding three Articles.
(Calculation of Travel Expenses, etc.)
Article 25 The number of days used in the calculation of travel expenses
(excluding airfare), daily allowance, and accommodation charges, shall be
calculated according to the same rule as that applicable to travel by the most economical ordinary route and means; provided, however, that in cases where it is difficult to travel by the most economical ordinary route and means due to a natural disaster or other unavoidable circumstances, such number shall be
calculated on the basis of the route and means actually taken.
(Amount of Fee for Expert Testimony, etc.)
Article 26 The amount of a fee for expert testimony or interpretation, compensation, and expenses payable under the provisions of Article 18, paragraph (2) or Article 20, paragraph (1) or paragraph (2) shall be as considered reasonable by the court.
(Time Limit for Request)
Article 27 Payment of travel expenses, daily allowance, accommodation charges, or fees for expert testimony or any other payment prescribed in this Chapter
shall not be made unless it is requested before a judgment is rendered if the
case is concluded by a judgment, or before two months have elapsed from the date of conclusion if the case is concluded in any way other than by a
judgment; provided, however, that in the case of a failure to request payment
before the expiration of such time limit due to unavoidable circumstances,
payment shall be made only where it is requested within two weeks from the day on which such circumstances have ceased to exist.
(Powers of a Judge)
Article 28 Where an authorized judge, commissioned judge, or any other judge conducts the examination of a witness or any other procedure, the matters to
be determined by the court with regard to payment under the provisions of this
Chapter shall be determined by the judge concerned; provided, however, that this shall not apply when said judge finds it inappropriate to determine such matters him/herself.
(Request for Costs for Deposit by a Third Party Obligor, etc.)
Article 28-2 (1) A third party obligor who has made a deposit pursuant to the
provisions of Article 156, paragraph (2) of the Civil Execution Act or Article 36-
6, paragraph (1) of the Act on Adjustment between Procedures for Disposition of Delinquency and Compulsory Execution Procedures (Act No. 94 of 1957)
(including cases where these provisions are applied mutatis mutandis or the same rules as those prescribed therein are applied) may request the costs
listed in the following items, in the amounts specified in the respective items:
(i) the travel expenses, daily allowance, and accommodation charges required to make the deposit: the amount calculated using the same rules as those
prescribed in Article 2, item (iv) and item (v);
(ii) in cases where the deposit can be made without appearing at an official
depository, the expenses for the submission of the document required for the deposit and the deposit money and the expenses required to obtain issuance of an authenticated copy of the deposit receipt: the amount calculated using
the same rule prescribed in Article 2, item (xviii), per submission or issuance;
(iii) the expenses for the preparation of the document required for the deposit and the document providing notification of the reasons for the deposit: the
amount specified by the Supreme Court, per deposit or per notification of
such reasons;
(iv) the expenses for the submission of the document providing notification of the reasons for the deposit: the amount calculated using the same rule as
that prescribed in Article 2, item (xviii), per submission; and
(v) the expenses required to obtain issuance of a document required for the deposit that is prepared by a government agency or any other public body:
the amount calculated using the same rule prescribed in Article 2, item (vii), per issuance.
(2) Notwithstanding the provisions of Article 27, the costs set forth in the
preceding paragraph shall not be paid if payment has not been requested before a notification of the reasons for the deposit is submitted.
(3) The costs set forth in paragraph (1) shall be paid from the deposit money.
Chapter IV Miscellaneous Provisions
(Management of Postage Stamps, etc.)
Article 29 (1) The affairs concerning the management of postage stamps, etc.
prepaid pursuant to the provisions of Article 13 shall be administered by the court clerk designated by the Supreme Court.
(2) The responsibility of the court clerk set forth in the preceding paragraph shall be subject to the same rule as that applicable to the responsibility of goods
management personnel as prescribed in the State-Owned Goods Management
Act (Act No. 113 of 1956).
(3) In addition to what is provided in the preceding two paragraphs, matters necessary for the management of postage stamps, etc. set forth in paragraph (1) shall be specified by the Supreme Court.
(Rules of the Supreme Court)
Article 30 In addition to what is provided for in this Act, necessary matters concerning payments to be made by courts to witnesses, etc. in civil
proceedings, etc. and the enforcement of this Act shall be specified by the
Supreme Court.
Appended Table 1 (Re: Articles 3 and 4)

(ii) the portion of the
value of the matter for which conciliation or
labor dispute
adjudication is sought, in excess of one million
yen up to five million yen:
500 yen per 200,000 yen of such portion of the
value.
(iii) the portion of the
value of the matter for which conciliation or
labor dispute
adjudication is sought, in excess of five million
yen up to ten million
yen:
1,000 yen per 500,000 yen of such portion of
the value.
(iv) the portion of the
value of the matter for which conciliation or
labor dispute
adjudication is sought, in excess of ten million yen up to one billion
yen:
1,200 yen per one million yen of such
portion of the value.
(v) the portion of the
value of the matter for which conciliation or
labor dispute
adjudication is sought, in excess of one billion
yen up to five billion yen:
4,000 yen per five million yen of such
portion of the value.

(17) (a) The filing of a petition for appointment of a special agent under the provisions of
the Code of Civil Procedure, a petition for
permission to appoint a person who is not
an attorney-at-law as an agent for a suit, a petition for challenge, a petition for
assumption of a suit, a petition for an order to limit the persons who may make a
request for inspection, etc. of a part of a case record in which a relevant secret is
stated or recorded to the parties, a petition
for revocation of such an order, the filing of an objection to a disposition by a court
clerk, a petition for a disposition of a collection of evidence prior to the filing of an action, a petition for preservation of
evidence prior to the filing of an action, an objection to a judicial decision by an
authorized judge or commissioned judge, an objection to a final judgment in an action on bills and notes or an action on checks, or an
objection to a final judgment in an action on a small claim, or a petition for a judicial
decision to order a stay, the commencement, or a continuation of compulsory execution or order a revocation of a disposition of
execution, which is to be filed under the provisions of said Code
(b) The filing of an objection to a disposition of execution by the executing court, a
petition seeking permission for the
appointment of an agent set forth in Article
13, paragraph (1) of the Civil Execution Act, an objection to a disposition concerning a
petition for a grant of a certificate of
execution, a petition for a judicial decision ordering a stay or a continuation of a
compulsory execution or ordering a
revocation of a disposition of execution under the provisions of Article 36,
paragraph (1) or paragraph (3) of said Act, a petition for appointment of a special agent
under the provisions of Article 41,
paragraph (2) of said Act, an objection to a disposition by a court clerk under the
provisions of Article 47, paragraph (4) or
Article 49, paragraph (5) of said Act, a
demand for liquidation distribution by the executing court, a petition for a temporary
restraining order on a sale under the
500 yen
provisions of Article 55, paragraph (1) of said Act or for a revocation or change of
such an order under the provisions of
paragraph (5) of said Article, a petition for permission to pay rent on land, etc. in place of the obligor under the provisions of Article
56, paragraph (1) of said Act, an objection to a disposition by a court clerk under the
provisions of Article 62, paragraph (3) or
Article 64, paragraph (6) of said Act, a
petition for a temporary restraining order for an obligee effecting a seizure who has
made a purchase offer under the provisions
of Article 68-2, paragraph (1) of said Act, a petition for a temporary restraining order
for the highest purchase price offeror or the
purchaser under the provisions of Article
77, paragraph (1) of said Act, an objection to a disposition by a court clerk under the
provisions of Article 78, paragraph (6) of
said Act, a petition for an order to deliver real property under the provisions of Article
83, paragraph (1) of said Act, a petition for
an order to deliver the certificate of a vessel's nationality, etc. under the
provisions of Article 115, paragraph (1) of
said Act, a petition for the rescission of a compulsory auction procedure under the
provisions of Article 117, paragraph (1) of said Act, a petition for permission for
navigation of a vessel under the provisions
of Article 118, paragraph (1) of said Act, a petition for an order to deliver seized
property under the provisions of Article 127,
paragraph (1) of said Act; an objection to a disposition of execution by a court clerk in
the procedure of executing a claim relating
to a small claim action, a demand on a court clerk for liquidation distribution during the
process of executing a claim relating to a small claim action, a petition under the
provisions of Article 167-15, paragraph (3) of said Act, a petition under the provisions of Article 172, paragraph (2) of said Act, a
petition for a temporary restraining order prior to a commencement order for a
secured real property auction under Article
187, paragraph (1) of said Act or for
revocation of such an order under the
provisions of Article 187, paragraph (4), or a
petition for permission to commence an auction of movables as set forth in Article
190, paragraph (2) of said Act
(c) The filing, under the provisions of the Civil Preservation Act, of an objection to a temporary restraining order, a petition for
revocation of a temporary restraining order, a petition for a judicial decision ordering a
stay on the execution of a temporary restraining order or the revocation of a disposition of execution under the
provisions of Article 27, paragraph (1) of said Act, a petition for a judicial decision
ordering a stay on the effect of an order revoking a temporary restraining order under the provisions of Article 42,
paragraph (1) of said Act, or an objection to a disposition of execution by the executing
court of a temporary restraining order
(d) The filing of an application or petition for intervention (excluding intervention
under the provisions of the Bankruptcy Act, the Civil Rehabilitation Act, the Corporate
Reorganization Act (Act No. 154 of 2002), the Act on Special Measures, etc. for
Reorganization Proceedings for Financial
Institutions, etc. (Act No. 95 of 1996), the
Act on Limitation of Shipowner Liability
(Act No. 94 of 1975) or the Act on Liability for Oil Pollution Damage (Act No. 95 of
1975) and the intervention set forth in row
(7) or row (13))
(e) The filing of a petition for permission to extinguish a security interest under the
provisions of Article 186, paragraph (1) of the Bankruptcy Act, a petition for
permission to extinguish a right of retention under the Commercial Law under the
provisions of Article 192, paragraph (3) of
the Bankruptcy Act, a petition for a grant of discharge under the provisions of Article
248, paragraph (1) of said Act or a petition for the restoration of rights under the
provisions of Article 256, paragraph (1) of
said Act, a petition for permission to
extinguish a security interest under the
provisions of Article 148, paragraph (1) of the Civil Rehabilitation Act, a petition for revocation of an order for a stay of execution or a petition for the revocation of a
provisional mandatory order or a
provisional injunctive order under the provisions of the Administrative Case
Litigation Act, a request under the
provisions of Article 27-20 of the Labor
Union Act (Act No. 174 of 1949), a petition under the provisions of Article 16,
paragraph (3) or Article 17, paragraph (1) of
the Act on the Prevention of Spousal
Violence and the Protection of Victims, a
petition for permission to appoint a person who is not an attorney-at-law as an agent
under the provisions of the proviso to
Article 4, paragraph (1) of the Labor
Tribunal Act, a petition for a judicial
decision ordering a stay or a continuation of civil execution proceedings under the
provisions of Article 7, paragraph (1) or
paragraph (2) of the Act on Special
Conciliation Proceedings for Expediting
Adjustment of Specified Debts, etc., a
petition under the provisions of Article 15-6 of the Act on Adjudication of Domestic
Relations, a petition under the provisions of
Article 39, paragraph (1) of the Personal
Status Litigation Act (Act No. 109 of 2003), a motion under the provisions of Article
105-4, paragraph (1) or Article 105-5,
paragraph (1) of the Patent Act (Act No. 121 of 1959), a petition under the provisions of
Article 114-6, paragraph (1) or Article 114-
7, paragraph (1) of the Copyright Act (Act
No. 48 of 1970), or a petition under the
provisions of Article 10, paragraph (1) or
Article 11, paragraph (1) of the Unfair
Competition Prevention Act (Act No. 47 of
1993)
(f) The filing of an objection to a disposition of execution by a court execution officer and
any delay or negligence thereof
(g) The filing of a petition pursuant to the provisions of the Rules of the Supreme
Court specified by the Supreme Court as
being similar to any of the petitions listed in (a) or (b)

Appended Table 2 (Re: Article 7)