Introduction to the Amendment to the Code of Civil Procedure

分享到

[2021/02/01]

The Code of Civil Procedure of the Republic of China was amended again on December 30, 2020.  This round of amendments to the Code of Civil Procedure did not include significant changes.  The key points of amendment are summarized as follows:

1. Simplified proceedings to promote procedural economy:

When a plaintiff, applicant, appeal or appellant does not have a place where service within the Republic of China, a designated an agent of service must be provided to the court to facilitate service of documents.If no agent of service is designated, the court may, on its own initiative, order service to be effectuated by constructive notice. (Articles 133 and 149).

2. Expanded application of trial by video conferencing:

During Oral Argument, appearing parties, statutory agents, advocates, assistants, or other interested party in a litigation can petition the court, or the court can also make a ruling based on its authority, for the trial to take place through video conferencing (Article 211-1).This manner of trial by video conferencing is also applicable mutatis mutandis for preparatory proceedings (Article 272).

3. Increase the scope of application of summary proceeding:

“Litigation based on road traffic accident claims” and “supplement civil action which applies the criminal summary proceeding and transferred to civil court by ruling” are added as the types of matters to which summary proceeding may be applied, regardless of the amount of the litigation claim (Article 427).

4. Prevention of abusive lawsuits:

1. The court should reject abusive lawsuits by ruling or judgment:

When the plaintiff files an abusive complaint based on malice, improper purpose or gross negligence and the factual or legal claim is not supported by any reasonable basis, the court should reject the complaint by ruling or judgment (Article 249).

2. Penalty for abusive lawsuits:

(1) The court may impose a fine of no more than NT$120,000 on each plaintiff, statutory agent or advocate of an abusive lawsuit (Article 249-1).

(2) The defendant’s per diem, travel expense and attorney’s remuneration as the litigation representative are part of the litigation cost and should be borne by the plaintiff of an abusive lawsuit (Article 249-1).

The penalty for an abusive lawsuit on the plaintiff applies mutatis mutandis on appellants in relation to an abusive appeal (Articles 444 and 449-1).