Laws Information

法規資訊
Title: Taiwan Code of Civil Procedure
Am Date: 2003-06-25
Legislative History: As amended on June 25, 2003

Transaction

Amended

Article 53
Two or more persons may sue or be sued as co-parties under the following circumstances:
1. When the rights or obligations of the claim are common to them;
2. When the rights or obligations of the claim arise from the same factual and legal grounds;
3. When the rights or obligations of the claim are of the same nature and arise from the same kind of factual and legal grounds, so long as all defendants are domiciled within the jurisdictional boundaries of the same court or a court can be determined in accordance with the provisions of Articles 4 to 19 inclusive to exercise jurisdiction over all of the defendants.

Article 59
A motion for intervention shall be filed along with intervention pleadings in the court where the intervened action is pending.
Intervention pleadings shall indicate the following matters:
1. The action intervened and its parties;
2. The legal interests of the intervener in the action to be intervened;
3. The statement of intervention.
The court shall serve the intervention pleadings on all parties.

Article 81
The court may, in its discretion, order the prevailing party to bear the litigation expenses incurred in full or in part for the following:
1. An act performed by the prevailing party which is unnecessary for asserting or defending its rights;
2. An act performed by the defeated party which is necessary for asserting or defending its rights in accordance with the phase of the proceedings reached at the time.

Article 203
In order to elucidate or ascertain relations involved in the action, the court may take the followings measures:
1. Order the parties or their statutory agents to appear in person;
2. Order the parties to produce drawings/illustrations, schedules/lists, translations of documents written in a foreign language, or other documents and objects;
3. Temporarily retain in the court the documents and objects produced by a party or a third person;
4. Conduct inspections, order expert testimony, or request an agency or organization to conduct an investigation in accordance with the provisions of Part II, Chapter I, Section 3.

Article 207
The court shall appoint an interpreter where a person who participates in the argument does not understand the language used in the R.O.C. The same principle will apply when the judge does not understand the dialect used by a participant in the argument.
Although the court shall appoint an interpreter where a person who participates in the argument is unable to hear or is mute, the court may also question such person in writing or direct such person to express answers in writing.

Article 213
The oral argument transcript shall indicate the purport of the progress of the argument and the following matters with particularity:
1. Any abandonment or admission of the claim, and admission of facts;
2. Any statement or withdrawal of evidence and any objection to the violation of provisions regulating to litigation procedure;
3. Any other statements or representations which are required to be indicated in the transcript by this Code;
4. Any testimony of a witness or an expert witness, and any inspection findings;
5. Decisions other than those which must be made in writing and included in the dossier;
6. Announcement of the decision.
Except as provided in the preceding paragraph, the presiding judge may order the entry in the transcript of important statements or representations made by the parties and the parties?failure to make statements or representations after being directed to do so.

Article 299
To summon a witness, the summons shall indicate the following matters:
1. The identity of the witness and the parties;
2. The hour/date when the witness shall appear and the place where he/she shall appear;
3. The sanctions to be imposed on the witness if he/she fails to appear;
4. The rights of the witness to claim daily fees and travel expenses; and
5. The court.
If the presiding judge considers that the witness cannot testify without preparation, the summons shall indicate the gist of the matters to be examined.

Article 307
A witness may refuse to testify in case of any of the following:
1. Where the witness is the spouse, former spouse, or the betrothed, or the witness is or was a relative by blood within the fourth degree or a relative by marriage within the third degree to a party;
2. Where the testimony of the witness will result in a direct property loss to himself/herself or anyone who has such relationship with him/her as provided in the preceding subparagraph;
3. Where the testimony of the witness will sufficiently expose to criminal prosecution or embarrassment such witness or anyone who has such relationship with him/her as provided in the first subparagraph or a person who relates to him/her by guardianship;
4. Where the witness is to be examined with regard to a matter which he/she is obliged to keep confidential in the course of performing his/her official duties or conducting business;
5. Where the witness cannot testify without divulging his/her technical or professional secrets.
Where the witness may be permitted to refuse to testify, the presiding judge shall so inform such witness before the examination or at the time when such case as provided in the preceding paragraph, if any, is known to the presiding judge.

Article 308
A witness may not refuse to testify on any of the following matters despite the existence of the situation provided in the first or the second subparagraph of the first paragraph of the preceding article:
1. The birth, death, marriage, or other matters relating to the identification of a person who cohabits or used to cohabit with the witness;
2. Property matters arising from a family relationship;
3. The existence and content of a juridical act known to him/her in the capacity of a witness; or
4. An act relating to the legal relation in dispute, which he/she conducted in the capacity of the predecessor in right or as an agent of a party.
Despite the existence of the circumstance provided in the fourth subparagraph of the first paragraph of the preceding article, a witness may not refuse to testify if he/she is relieved from the confidentiality obligation.

Article 314
Where a witness is under the age of sixteen or is mentally disabled to understand the meaning and the effect of a written oath, he/she shall not be ordered to sign a written oath.
The court may exempt a witness from signing a written oath if the witness is one of the following:
1. A person who may refuse to testify in accordance with the provisions of the first to the third subparagraphs inclusive of the first paragraph of Article 307, but does not do so;
2. An employee or cohabitant of a party;
3. A person who has direct interests in the outcome of the action.

Article 436-32
The provisions of Article 436-14, Article 436-19, Article 436-21 and Article 436-22 shall apply mutatis mutandis to the appellate proceeding of small-claim actions.
The provisions of Article 438 to 445 inclusive, Article 448 to Article 450 inclusive, Article 454, Article 455, Article 459, Article 462, Article 463, Article 468, subparagraphs 1 to 5 inclusive of Article 469, Article 471 to Article 473 inclusive, and the first paragraph of Article 475 shall apply mutatis mutandis to the appellate proceeding of small-claim actions.
The provisions of Part IV shall apply mutatis mutandis to the proceeding of appeals from rulings of small-claim actions.
The provisions of Part V shall apply mutatis mutandis to the rehearing proceeding of small-claim actions.

Article 531
Where a provisional attachment ruling is revoked either by reason of being improper ab initio or by reason of the provisions of the fourth paragraph of Article 529 or the third paragraph of Article 530, the creditor shall compensate the debtor for any losses incurred from the provisional attachment or the provision of a countersecurity.
Where an action has been initiated with regard to the claim secured by the provisional attachment, the court of first instance shall, on the debtor’s motion made before the conclusion of the oral argument, order the creditor to make the compensation provided in the preceding paragraph in the judgment on the principal case. The court shall inform the debtor of the availability of such motion if he/she has not done so.

Article 541
The public summons shall indicate the following matters:
1. The applicant;
2. The period for declaring rights and a summons for timely declaration within that period;
3. The effects of abridgment of rights due to failure to declare rights; and
4. The court.

Article 568
In matters seeking the nullification of, or the revocation of a marriage, or an action for a declaratory judgment confirming the existence or nonexistence of a marriage, for divorce or for the husband’s or the wife’s fulfillment of mutual obligation to co-habit, the court for the place where the husband and the wife domicile, or the court for the place where the husband or the wife domiciled at the time of death, has exclusive jurisdiction. Notwithstanding, where the grounds and occurrences giving rise to the action took place at the place where the husband and the wife reside, the court for that place shall have jurisdiction.
Where the court for the place where the husband and the wife domicile cannot exercise jurisdiction, or the husband and the wife have no domicile in the R.O.C., or their domicile is unknown, the provisions of the second sentence of the first and the second paragraphs of Article 1 shall apply mutatis mutandis.
Where the husband or the wife is an R.O.C. citizen and the court having jurisdiction cannot be determined in accordance with the provisions of the two preceding paragraphs, the court at the place where the central government is located shall have jurisdiction.

Article 576
In cases where a party to an action or his/her statutory agent disobeys the summons to appear in court, the provision of Article 303 shall apply mutatis mutandis. Notwithstanding, no apprehension is allowed.
The court may authorize the commissioned judge or the assigned judge to examine the parties.

Article 602
The court shall examine the person to be interdicted in the presence of an expert witness, except in cases where it is difficult to do so or it may harm the health of the person to be interdicted by doing so.
The court may authorize the assigned judgment to conduct the examination provided in the preceding paragraph.

Article 628
A public summons shall indicate the following matters:
1. The absent person must report he/she is alive within the prescribed period and, failing to do so, he/she shall be declared dead;
2. Any person who knows whether the absent person is alive or deceased shall report the same to the court within the prescribed period.

Article 638
Where there are multiple actions to revoke the same declaration of death, the court shall consolidate them. The provision of Article 56 shall apply in such cases.