Legal Services on Japanese Laws

What evidence you need

We provide general information about what evidence you need to produce in a lawsuit in court.

Evidence collection methods

The evidence rules in Japanese civil cases also require in principle the parties to collect and produce evidence by themselves. However, Japanese civil procedure law and rules do not necessarily prepare useful court aided evidence collection system.

For example, the law prescribes a way of petition for an order to submit documents against the counter party as a method of production of evidence that the petitioner does not have at hand. However, the law requires the petitioner in principle to describe the indications and the purport of the documents that the petitioner demands the counter party to produce upon filing the petition, which would be hard to know in many cases other than some typical cases such as traffic accidents, medical malpractices and labor disputes.

One of the methods for collection of evidence out of court is sending an inquiry letter under the name of a chairman of a bar association in Japan. This method is pursuant to Article 23-2 of Attorney Act and bar associations expect the recipients of the inquiry letters to respond; however, in some cases the letters fail to receive expected responses due to the information sought being personal information that may not be disclosed without the interested individuals' approvals.

Evidence rule in civil cases: burden of proof on disputed facts

Sakuma Law Office
Kudan Southern Bldg. 2nd Floor, 9-1 Kudan-Minami 3-chome, Chiyoda-ku, Tokyo 102-0074 JAPAN   Tel: +81-3-6272-6916   Fax: +81-3-6272-6917