民事訴訟とは What Is a Civil Lawsuit?
A 民事訴訟 (civil lawsuit) is a legal proceeding in which one private party (the 原告, or plaintiff) seeks a remedy from another (the 被告, or defendant) through the court system. Common civil cases in Japan include contract disputes, property damage claims, loan repayment demands, and defamation. Unlike criminal cases, the outcome of a civil lawsuit is typically a monetary award or a court order — not criminal punishment.
訴訟前に試みるべきこと Before You File: Alternatives to Consider
Filing a lawsuit is time-consuming and costly. Japanese courts actively encourage parties to resolve disputes through alternative means first:
- 内容証明郵便 (Certified Mail / Content-Certified Letter): A formal written demand sent via Japan Post that creates a legal record. Often prompts resolution without litigation.
- 調停 (Mediation/Chōtei): A court-supervised process where a neutral mediator helps both parties reach a voluntary agreement — faster and cheaper than a full trial.
- ADR (裁判外紛争解決手続): Various industry-specific alternative dispute resolution processes.
どの裁判所に提訴するか Which Court to File In
The appropriate court depends on the amount in dispute:
| Claim Amount | Court |
|---|---|
| Up to ¥600,000 | 簡易裁判所 (Summary Court) — Small Claims (少額訴訟) |
| Up to ¥1,400,000 | 簡易裁判所 (Summary Court) — Regular civil |
| ¥1,400,001 and above | 地方裁判所 (District Court) |
The court must also have territorial jurisdiction (管轄) — generally, the court in the area where the defendant lives or where the contract was to be performed.
民事訴訟の手順 Step-by-Step Process
- 訴状の作成 (Prepare the Complaint): The 訴状 (complaint document) outlines your claims, the facts, and the legal basis for your demand. Templates are available at district courts, and legal aid lawyers can assist.
- 申立て・提出 (File at the Court): Submit the complaint in duplicate (one for the court, one for service to the defendant) along with the filing fee.
- 申立費用 (Filing Fees): Calculated based on the amount claimed. For example, a ¥1,000,000 claim incurs approximately ¥10,000 in court fees. Fees are paid via revenue stamps (収入印紙).
- 第1回口頭弁論 (First Oral Hearing): The court sets an initial hearing date, typically 1–2 months after filing. Both parties present their positions.
- 争点整理・証拠調べ (Issue Clarification & Evidence Review): The court identifies contested issues and reviews submitted evidence over several hearings.
- 和解勧告 (Settlement Recommendation): Judges actively encourage settlement at any stage. Many cases resolve here.
- 判決 (Judgment): If no settlement is reached, the judge issues a written decision.
- 強制執行 (Enforcement): If you win and the defendant does not comply, you can apply for asset seizure (差押え).
少額訴訟 Small Claims Procedure
For claims of ¥600,000 or less, the 少額訴訟 (small claims) procedure is a streamlined, single-hearing process designed for use without a lawyer. The entire matter is typically resolved in one day. This is ideal for recovering unpaid loans between individuals, unreturned deposits, or minor contract disputes.
弁護士なしで訴訟できるか Can You Represent Yourself?
Yes — 本人申立て (self-representation) is legally permitted and common in small claims and simple cases. However, for complex cases in District Court, engaging a 弁護士 (bengoshi/attorney) is strongly advisable. 法テラス can help with legal aid if you cannot afford representation.
まとめ
Filing a civil lawsuit in Japan is a structured process with clear procedural steps. Starting with alternative dispute resolution and moving to court only when necessary is generally the most efficient approach. If you are considering litigation, consult a lawyer or 法テラス early — even a brief phone consultation can clarify whether litigation is the right path for your situation.